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HomeMy WebLinkAboutPackets - Council Packets (910) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 4, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:30 PM Pursuant to ARS 38-431.03A(1) Town Magistrate's Annual Performance Evaluation RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT low The Mayor and Council mayconsider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed future agenda, or respond to criticism made by speakers. However, the on a g p Mayor and Council maynot discuss or take legal action on matters raised during "Call to Audience." speak In order to s eak during "Call to Audience" please specify whatY ou wish to discuss when completing the blue speaker card. PRESENTATIONS a. Introduction of new the Greater Oro Valley Arts Council (GOVAC) Executive Director Michael J. Patch 04/04/07 Agenda, Council Regular Session 2 b. Presentation by Dianne Miller regarding Organ Donation and presentation of proclamations by Mayor Loomis declaring April as "Donate Life Month in Oro Valley' and designating May 9, 2007 as "Dianne MillerDay' c. Inaugural Town Spirit Award from "Tangerine" Magazine 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 2-13-07 B. Police Report - February 2007 C. Acceptance of the Oro Valley Public Library's "Planning for Results" Strategic Plan 2007-2012 to be sent to the Arizona State Library, Archives and Public, as amended D. Resolution No. (R)07 - 46 Authorizing the Acceptance of Bid and Award of Contract to Miura Contracting, Inc. in the amount of $199,999.00 for Oro Valley Country Club Estates, Phase I — Retaining Wall, Project No. OV 30 06/07 07A E. Resolution No. (R)07 - 47 Authorizing the Acceptance of Bid and Award of Contract to Sunland Asphalt in the amount of $181,317.92 for Oro Valley Country Club Estates, Phase II — Pavement Rehabilitation, Project No. OV 30 06/07 B F. Resolution No. (R)07 - 48 Award of contract for professional consultant services to the Mercer Group, Inc. in the amount of $51,000.00 for the Department of Public Works Management Study and Strategic Plan Update G. Resolution No. (R)07- 49 Declaring as a public record that certain document filed with the Town Clerk and entitled "The 2007 Amendments to the Tax Code of the Town of Oro Valley, Arizona" H. Resolution No. (R)07- 50 Approval of an Intergovernmental Agreement for Elections Services between the Town of Oro Valley and Pima County Division of Elections effective through December 31, 2011 I. Resolution No. (R)07- 51 Authorizing and approving a Database Access Agreement between the Arizona Department of Transportation, Motor Vehicle Division and the Town of Oro Valley for allowing the Town access to Motor Vehicle Division Access to Motor Vehicle Records 2. PUBLIC HEARING - RESOLUTION NO. (R)07- 52 OV8-07-01 APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR THE REPLACEMENT OF EXISTING POWER POLES AND ELECTRIC UTILITY WIRES, LOCATED ALONG THE WEST SIDE OF LA CHOLLA BOULEVARD BETWEEN LAMBERT LANE AND OWL HEAD PLACE, AND FOR A POLE REPLACEMENT ON LUCERO ROAD, EAST OF LA CHOLLA BOULEVARD Explanation: The site is located within the Town of Oro Valley right-of- way. The applicant proposes to replace existing power poles and electric 04/04/07 Agenda, Council Regular Session 3 lines to help alleviate the existing circuit overload on the TEP electric distribution network in Oro Valley. 3. CONSIDERATION AND POSSIBLE APPROVAL OF FINANCIAL SUPPORT TO THE ARIZONA CHAPTER OF PARALYZED VETERANS OF AMERICA Council forth eneral topics for 4. FUTURE AGENDA ITEMS (Themay bring 9' future meeting agendas.endas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond and to criticism made by speakers. However, the Mayor and Council maynot discuss or take legal action on matters raised during "Call to Audience." speak In order to s eak during "Call to Audience" please specify whatY ou wish to discuss when completing the blue speaker card. ADJOURNMENT I c POSTED: 03/27/07 2:30 p.m. cp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. complies The Town of Oro Valley with the Americans with Disabilities Act (ADA). n person with a disabilityneeds any type of accommodation, please notify Ifa any the Town Clerk's Office at least five days prior to the Council meeting at 229- 4700. 04/04/07 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. I TOWN OF ORO VALLEY PRESENTATION iUNCIL COMMUNICATION MEETING DATE: April 4, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk byDianne Miller regarding Organ Donation and presentation of SUBJECT: Presentation g g b Mayor Loomis declaring April as "Donate Life Month in Oro Valley" Proclamations y y g designating May9, 2007 as "Dianne Miller Day" and g g SUMMARY: Dianne Miller, Oro Valley resident will be here to speak about the importance of organ donation. Miller with two proclamations, the first declaring the month of April Mayor Loomis will present Ms. 2007 to be Donate Life Month in Oro Valleyand the second designating May 9, 2007 as Dianne A. Miller Day in her honor. f d:A.#64c KlaihrYn Cuvelier, Town Clerk h David Andrews, Town Manager C TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 4, 2007 TO: The Honorable Mayor and Council FROM: BobKovitz, Governmental and Community Relations Administrator B SUBJ: Inaugural Town Spirit Award from "Tangerine" Magazine Imagazine "Tan erine" will be launched in Oro Valley. "Tangerine n May, 2007, the new ma g 9 will report on Oro Valley, Catalina, Saddlebrooke, Dove Mountain, Heritage Highlands and other nearby areas. It is the intent og f"Tangerine" to honor local volunteers each month not just volunteers projects,give their time for Town but volunteers from the community who choose to share their time and talents for a varietyof causes. Many of these volunteers do their g work very quietly, and "Tangerine" will be soliciting nominations in each of their future editions in order to locate these volunteers. Every month, "Tangerine's"n erine's" award-winners will be presented to the Town Council so that they may be recognized for their work. nor ofjoining "Tan erine" magazine in the inaugural Town Spirit Tonight, we have the ho g Award—presented d to two volunteers who have made a significant contribution to the through Valley Public Librarythrou h the time they've given to the "Friends" organization Kay Weede and JoAnn Dumas. -V<A Bob Kovitz, Gover mental and Community Relations Administrator ihttd.4it Jere s e Watson, Assistant Town Manager lads i A David Andrews, Town Manager A DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY/SPECIAL SESSION FEBRUARY 13, 2007 ORO VALLEY DEVELOPMENT SERVICES BUILDING HOPI CONFERENCE ROOM 11000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL PRESENT: Helen Dankwerth, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member (arrived at 5:40 p.m.) EXCUSED: Paul Loomis, Mayor There being no objections, Vice Mayor Dankwerth moved Item 2 forward on the agenda. 2. DISCUSSION REGARDING THE UPDATED COMMUNITY ECONOMIC DEVELOPMENT STRATEGY (CEDS) Economic Development Administrator David Welsh reviewed the background and updated the Town Council on the Community Economic Development Strategy (CEDS). He explained that purpose of the CEDS 2007 plan was to implement the goals and policies of the Economic Development Element of the Town's General Plan, make the best use of limited resources, coordinate all commercial development-related programs and strategies, provide guidelines in decision-making to the Town's political and administrative leadership and to contribute to the Town's Strategic Plan as it relates to Economic Development. Mr. Welsh then reviewed the CEDS Action Steps: 1) Business Retention and Expansion 2) Business Recruitment 3) Develop and adopt an Economic Development Incentive Policy 4) Coordinate Project Management 5) Develop and implement "Oro Valley Business Navigator" 6) Manage Economic Development Public Relations 7) Prepare Monthly Economic Development Status Report 8) Maintain Economic Development Web Page 9) Update Community Economic Development Strategy °11111/ Discussion followed regarding: • Economic Development department is part of the team that works with the commercial developers and other Town Staff. 2/13/07 Minutes, Council Study/Special Session 2 • Use of generalities such as high-end retail/commercial— Refine descriptions throughout the Zoning Code, P&Z Work Plan, etc. • Revolving Energy Loans o Grant Writing possibilities • Rural Economic Development Initiative Program o Town of Oro Valley does not seem to meet these requirements. o Economic Development Administrator will look into this program. • Economic Strength Fund o Economic Development Administrator will look into this fund. • Business Retention and Expansion o Collaborate with Pima Community College (PCC) • Training • Source for quality employees o Impact of education to community is great. o Work with region to help improve education and create changes that would improve the system as a whole. o Tucson Regional Economic Opportunities, Inc. (TREO) ■ Lobbyist opportunities/Presence at State Capitol • Technology related employers o Second tier employers - i.e. suppliers, etc. o Working with current businesses to see what is needed. • Challenge is limited areas in Town to place larger businesses. • Buxton Report 4110 o Used as tool for new developers coming into Town. o Continue to update this type of information regarding demographics. 1. DISCUSSION REGARDING THE ISSUANCE OF TOWN OF ORO VALLEY EXCISE TAX REVENUE REFUNDING BONDS FOR SERIES 2007 Finance Director Stacey Lemos reported that Town staff has been working with the underwriting firm of Stone & Youngberg to look at the Town's existing outstanding bonds and interest rates and compare them with current market rates. She explained that there is the opportunity for advance refunding of some of the Town's existing outstanding bonds relating to the issuances from 1996 (Water Company acquisitions), 2000 (Naranja Town Site Land Acquisition) and 2001 (Water System improvements and Library construction). Ms. Lemos explained that the average interest rate on these bonds is 5.3% and the new issuance at today's market would be 4.4% (subject to change based on market conditions and when the bonds would be sold). She further explained that based on cash flow assumptions, the refunding would result in a net cash flow savings to the Town of approximately $2.1 million which would result in a net present value savings of approximately $930,000. Financial Consultants Mark Reader and Josh Ormiston from Stone and Youngberg reviewed the Summary of Outstanding Excise Tax Revenue Debt, 2/13/07 Minutes, Council Study/Special Session 3 Sources and Uses of Funds, 2007 Refunding Analysis: Upfront Savings, and Allocation of Savings Analysis. Mr. Reader then reviewed the preliminary financing calendar for the Excise Tax Revenue Refunding Bonds, Series 2007. He explained that if Council authorizes the issuance of the bonds at their March 21st meeting, the bonds would be marketed the week of March 26th or sooner if possible. He further explained that the rates are locked in the day the bonds go on the market. Bond Counselor Keith Hoskins from the law firm of Gust Rosenfeld explained that their main functions were to: 1) Prepare all documents making sure that they are legal to ensure that when the bonds are sold that they are valid and binding g and to: 2) Ensure that the interest on the bonds is tax-exempt. ADJOURN STUDY SESSION SPECIAL SESSION - AT OR AFTER 6:30 PM CALL TO ORDER 6:50 p.m. ROLL CALL PRESENT: Helen Dankwerth, Vice Mayor Paula Abbott, Council Member (ow K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member EXCUSED: Paul Loomis, Mayor EXECUTIVE SESSION AT OR AFTER 6:30 PM MOTION: A MOTION was made by Council Member Parish and SECONDED by Council Member Abbott to go into Executive Session at 6:55 p.m. for the following purpose: Pursuant to ARS 38-431.03A(3) consultation for and discussion of legal advice, and A(4), consultation, discussion and direction to legal counsel regarding contract negotiations, Council may vote to go into Executive Session regarding the Honeybee Village acquisition and Intergovernmental Agreement ("IGA") y g negotiations with Pima County MOTION CARRIED, 6 — 0. MOTION: A MOTION was made by Council Member Parish and SECONDED by Council Member Carter to go out of Executive Session at 7:38 p.m. Motion carried, 6 — 0. 2/13/07 Minutes, Council Study/Special Session 4 RESUME SPECIAL SESSION — 7:40 p.m. 1. DISCUSSION AND POSSIBLE ACTION BY COUNCIL DIRECTING STAFF AND/OR LEGAL COUNSEL CONCERNING HONEYBEE VILLAGE ACQUISITION AND INTERGOVERNMENTAL AGREEMENT ("IGA") Vice Mayor Dankwerth directed staff to prepare a presentation for the February 21st meeting on the Honeybee Village acquisition and Intergovernmental Agreement (IGA) issue at which time the Council will consider the presentation and possibly take action on the item. ADJOURNMENT MOTION: by A MOTION was made Council Member Carter and seconded by Council Member Kunisch to adjourn at 7:45 p.m. Motion carried, 6 — 0. Prepared by: Roxana Garrity, C M C Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study/Special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 13th day of February 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2007. Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION March 21, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER - 7:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member tow PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager David Andrews reviewed the upcoming meetings and events. COUNCIL REPORTS - No reports. DEPARTMENT REPORTS - No reports. TOWN MANAGER'S REPORT - No report. ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE - No speakers. 1. CONSENT AGENDA At the request of the Council, Items G, K, L, 0, P, R and Q were pulled for discussion. 03/21/07 Minutes, Council Regular Session 2 Mayor Loomis stated that if there were no objections, the Council would act on the Consent Agenda (excluding the pulled items), then consider Item P, Item 2 and then go back to the remainder of the Consent Agenda items. A. Minutes - 03/07/07 B. Building Safety Activity Report - February 2007 C. Coyote Run Transit Report - February 2007 D. Economic Development Division Report - February 2007 E. Tucson Regional Economic Opportunities, Inc. (TREO) Quarterly Report October 1, 2006 - December 31, 2006 F. Emergency Purchase Report for Traffic Signal Equipment for the First Avenue Widening Project G. Resolution No. (R)07-45 Affirming the Town of Oro Valley's commitment to share in the construction of a dog park to be built in the Canada del Oro Riverfront Park contingent on the successful procurement of a FY 2007 LRSP Heritage Fund Grant in the amount of $25,850.00 (Total amount of this project will be $51,700, the Town's contribution of$25,850.00 will be paid for with Recreation In-Lieu Fees) (PULLED FOR DISCUSSION) H. Resolution No. (R)07-33 Authorizing the acceptance of Bid and Award of Contract to Hunter Contracting Co. in the amount of$ 959,600.00 for Highlands Wash: South of Lambert Lane, Project No. OV 30 99/00 07C I. Resolution No. (R)07-34 Authorizing the acceptance of Bid and Award of Contract to Tucson Asphalt Contractors, Inc. in the amount of$147,436.34 for the James D. Kriegh Park Parking Lot, Project No. OV 30 06/07 17 J. Resolution No. (R)07-35 Authorizing the Acceptance of Bid and Award of Contract to Southwest Slurry Seal in the amount of $141,750.00 for the La Canada Surface Treatment Project No. OV 30 03/04 13 K. Resolution No.(R)07-36 Accept the Bid and Award of Contract to Underwood Bros., Inc. dba AAA Landscape in the amount of$64,014.00 for the annual Town Wide Landscape Maintenance Project, Project No. OV 30 06/07 03 (PULLED FOR DISCUSSION) L. Resolution No. (R)07-37 Authorizing the Execution of Amendment #2 to the Intergovernmental Agreement with the State of Arizona for the HURF Exchange Funds to provide additional funding in the amount of $1,350,000 03/21/07 Minutes, Council Regular Session 3 for the construction of the First Avenue Widening Project from CDO to Tangerine Road, Project No. OV 30 00/01 08 (PULLED FOR DISCUSSION) M. Resolution No. (R)07-38 Approving an amendment extending the Intergovernmental Agreement between the Town of Oro Valley, Pima County/Pima Regional Special Weapons and Tactics Team effective through March 22, 2008 N. Resolution No. (R)07-39 Adopting a revised Community Economic Development Strategy for the Town of Oro Valley O. Resolution No. (R)07-40 Approving a tentative Memorandum of Understanding between the Town of Oro Valley and the Public Safety Employee Group for the period of July 1, 2007 to June 30, 2008 (PULLED FOR DISCUSSION) P. Resolution No. (R07-41 Authorizing & approving a Master Service Agreement between the Town of Oro Valley and Vitalchek Network, Inc. for taking credit card payments through the Internet. (The initial arrangement whereby a Town department may take credit card payments will be with the Magistrate Court (see Item 2 below). Thereafter, as determined appropriate by Town Administration, other departments may be added to Los. the Master Service Agreement) (PULLED FOR DISCUSSION) MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Resolution (R)07-41 authorizing and approving a Master Service Agreement between VitalChek and the Town to provide an online credit card payment service through the Internet and that the Magistrate and IT Department shall return to the Council within 9 months with a report that describes the success of this agreement and the business aspects of the contract. MOTION carried, 7-0. Q. OV12-06-03 Approval of a final plat for an 11 single-family lots, Naranja Ranch Estates, located in proximity to the northeast corner of the Naranja Road and Shannon Road, Parcels 224-11-045A, 224-11-045B & 224-11- 049A (PULLED FOR DISCUSSION) R. Approval of the Town of Oro Valley 2007 Strategic Plan (PULLED FOR DISCUSSION) S. Approval of request for Council authorization for the Town Attorney to settle the acquisition of the Logan's Crossing Multi-Use Trail for the amount of $25,000.00 03/21/07 Minutes, Council Regular Session 4 MOTION: A motion was made by Council Member Carter and seconded by Council Member Parish to approve the Consent Agenda with the exception of Items G, L, K, 0, P, Q, and R. MOTION carried, 7-0. 2. PUBLIC HEARING - ORDINANCE NO. (0)07-17 REPEALING ARTICLE 5-5, SECTION 5-5-1 (C) 11, COLLECTION OF FEES, OF THE TOWN CODE OF THE TOWN OF ORO VALLEY, ARIZONA AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Explanation: This item relates to Consent Agenda Item P above, revising code sections as necessary for the Magistrate Court to accept credit card payments for court-related fees and fines through VitalChek. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Abbott and seconded by Vice Mayor Dankwerth to adopt Ordinance (0)07-17, repealing Ordinance (0)05-47, amending Section 5-5-1, Fees, of the Town of Oro Valley Town Code, deleting C.11, eliminating the $5.00 online credit card payment service. MOTION carried, 7-0. G. Resolution No. (R)07-45 Affirming the Town of Oro Valley's commitment to share in the construction of a dog park to be built in the Canada del Oro Riverfront Park contingent on the successful procurement of a FY 2007 LRSP Heritage Fund Grant in the amount of $25,850.00 (Total amount of this project will be $51,700, the Town's contribution of $25,850.00 will be paid for with Recreation In-Lieu Fees) Discussion followed regarding concerns with the placement of the dog park close to the performance area at CDO Riverfront Park, distribution of the fees that would be charged, hours of operation for the dog park as they relate to performances, possible liability and licensing of dogs and Town's commitment to share in funding and provide matching funds for the Heritage Fund Grant. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to approve Resolution (R)07-45 affirming the Town's commitment to share in the construction of a dog park at Canada del Oro Riverfront Park contingent upon the receipt of a grant from the 2007 LRSP Heritage Fund grant program. 03/21/07 Minutes, Council Regular Session 5 MOTION carried, 7-0. K. Resolution No.(R)07-36 Accept the Bid and Award of Contract to Underwood Bros., Inc. dba AAA Landscape in the amount of $64,014.00 for the annual Town Wide Landscape Maintenance Project, Project No. OV 30 06/07 03 MOTION: A motion was made by Council Member Abbott and seconded by Council Member Carter to continue this item to the next Council meeting so that Council can review the other bids that were not accepted. MOTION failed, 3-4 with Council Member Carter, Council Member Gillaspie, and Council Member Abbott in favor. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to approve Resolution (R)07-36. MOTION carried, 5-2 with Council Member Carter and Council Member Abbott opposed. Council Member Abbott and Council Member Carter voted against the renewal due to concerns with the disparity in the bid amounts and the option to renew each additional year for five years. L. Resolution No. (R)07-37 Authorizing the Execution of Amendment #2 to theIntergovernmentalAgreement A reement with the State of Arizona for the HURF Exchange provide e Funds to additional funding in the amount of $1,350,000 for the construction of the First Avenue Widening Project from CDO to Tangerine Road, Project No. OV 30 00/01 08 MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Kunisch to approve (R)07-37 MOTION carried, 7-0. 0. Resolution No. (R)07-40 Approving a tentative Memorandum of Understanding between the Town of Oro Valley and the Public Safety Employee Group for the period of July 1, 2007 to June 30, 2008 Discussion followed regarding the Cost of Living Adjustment (COLA) for Public g g Safety Employees Em to ees verses civilian employees, process followed is laid out by Town Ordinance, COLA is subject to availability of funding, 3.9% increase is suggested COLA for this next budget, 10 positions being looked at for possible salary market adjustments and final Memorandum of Understanding (MOU) with 03/21/07 Minutes, Council Regular Session 6 public safety employees will be brought back to the Council for consideration with the final adoption of the budget. MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Parish to adopt Resolution (R)07-40 approving a tentative Memorandum of Understanding between the Town of Oro Valley and the Public Safety Employee Group for the period of July 1, 2007 through June 30, 2008. MOTION carried, 6-1 with Council Member Gillaspie opposed. Council Member Gillaspie stated that he could not support the adoption of the tentative MOU stating that a competitive salary survey was performed by the Human Resources Department which showed that Town employees are at about 3% higher than the average pay scale for the region. Q. OV12-06-03 Approval of a final plat for an 11 single-family lots, Naranja Ranch Estates, located in proximity to the northeast corner of the Naranja Road and Shannon Road, Parcels 224-11-045A, 224-11-045B & 224-11- 049A MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Dankwerth to approve OV12-06-03 final plat for 11 single family lots in Naranja Ranch Estates with conditions listed in Exhibit "A". EXHIBIT "A" 1. The $12,965.51 recreation area in-lieu fee must be paid in full prior to the Oro Valley Planning Director signing the mylar. 2. Address the comments from the Golder Ranch Fire District dated February 28, 2007. 3. Address the comments from Tucson Electric Power dated March 1, 2007. MOTION carried, 6-1 with Council Member Abbott opposed. Council Member Abbott stated that she could not support approval of this item as she felt that there was too much encroachment into the riparian area. R. Approval of the Town of Oro Valley 2007 Strategic Plan MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Carter to approve the Town of Oro Valley Strategic Plan for 2007 and that it be presented on April 18th to the public and Council as a possible action item. Further, strike the items in parentheses under Financial Sustainability Goals, page 6, Item 2 (e.g., taxes, impact fees, state shared revenues, user fees) MOTION carried, 7-0. 03/21/07 Minutes, Council Regular Session 7 3. PRESENTATION AND POSSIBLE ACTION REGARDING OPTIONS FOR IMPLEMENTING AN EMPLOYER ASSISTED HOUSING BENEFIT Judy Lowe from the Tucson Association of Realtors presented a PowerPoint presentation regarding an Employer Assisted Housing Benefit program and highlighting the following: Tucson area real estate market status. Housing Arizona's Workforce Campaign (modeled after Fannie Mae Program.) Benefits: Homeowner Education Sessions, In Depth Counseling, Financial Element, Ability to tailor the program to fit an organization's specific needs and resources. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Abbott to direct Staff to implement the Human Resources Director recommended course of action as suggested (to work with the Tucson Association of Realtors to develop a series of free educational courses to be implemented during fiscal year 2007-2008 with possible future expansion of the benefit to include other options in later fiscal years depending on employee interest and available funding resources. Any future changes that have a financial impact on the Town would require Council approval through the regular budget approval process). MOTION carried, 7-0. Recess at 8:12 p.m. Meeting resumed at 8:20 p.m. 4. RESOLUTION NO. (R)07-42 APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE FOURTH AMENDMENT TO LEASE-PURCHASE AGREEMENT, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT; APPROVING THE EXECUTION OF A FOURTH SUPPLEMENT TO TRUST INDENTURE; AUTHORIZING THE PREPARATION AND APPROVAL OF A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT AND THE EXECUTION OF THE LATTER; APPROVING THE ISSUANCE OF NOT TO EXCEED $22,000,000 TOWN OF ORO VALLEY MUNICIPAL PROPERTY CORPORATION EXCISE TAX REVENUE REFUNDING BONDS, SERIES 2007, SECURED BY RENTAL PAYMENTS MADE PURSUANT TO THE LEASE-PURCHASE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY, ARIZONA AND THE TOWN OF ORO VALLEY MUNICIPAL PROPERTY CORPORATION, AS AMENDED BY THE FIRST, SECOND, THIRD AND FOURTH AMENDMENTS THERETO; APPROVING THE PLEDGE OF EXCISE TAXES AS SECURITY FOR THE 03/21/07 Minutes, Council Regular Session 8 RENTAL PAYMENTS; AUTHORIZING THE NEGOTIATION OF THE BOND PURCHASE AGREEMENT CONCERNING THE SALE OF THE CORPORATION'S BONDS; SETTING CONDITIONS AND PARAMETERS WITH RESPECT TO SUCH SALE; AUTHORIZING THE APPOINTMENT OF A DEPOSITORY TRUSTEE; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A DEPOSITORY TRUST AGREEMENT; AUTHORIZING MULTIPLE SERIES OF BONDS; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; DELEGATING CERTAIN DUTIES; AND DECLARING AN EMERGENCY Finance Director Stacey Lemos explained that this item is regarding the refunding of existing outstanding bonds relating to the issuances from 1996 (Water Company acquisitions, 2000 (Naranja Land acquisition) and (2001 (Water Improvements and Library). She explained that the existing outstanding rate is averaging at 5.3 percent and the new estimated average rate is 4.4 percent. Staff has been working with Mark Reader from Stone and Youngberg and Keith Hoskins from the law firm of Gust Rosenfeld to prepare the documents for the refunding. She also reported that the Town has just received an A+ rating from Fitch and that Standard and Poor's has upgraded the Town's rating from A+ to AA- rate which will result in future savings. Ms. Lemos further reported that the refunding would result in net estimated cash flow savings of almost $2.3 million with a net present value at $1,097,000. Ms. Lemos reported that the preliminary bond sale date is March 28th with a bond closing date of April 19th. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Parish to approve Resolution (R)07-42, authorizing the issuance of Town of Oro Valley Municipal Property Corporation Excise Tax Revenue Refunding Bonds, Series 2007. MOTION carried, 7-0. 5. PUBLIC HEARING - ORDINANCE NO. (0)07-18 AMENDING THE TOWN OF ORO VALLEY TOWN CODE, CHAPTER 15, WATER CODE, ADOPTING SECTION 15-19-12, GRAYWATER USE; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Kevin McCaleb, Water Conservation Specialist, presented a PowerPoint presentation and reviewed the following: -Purpose and background of graywater harvesting. -Code Language recommended for Section 15-18-12-Graywater Use. -Review and approval process. 03/21/07 Minutes, Council Regular Session 9 Discussionregarding followed re ardin costs of adding separate systems, restrictions and guidelines. public p Loomis opened the hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made byCouncil Member Gillaspie and seconded by Council Member Parish to adopt Ordinance (0)07-18, amending the Town of Oro Valley Town Code, Chapter 15, Water Code, adopting Section 15-18-12, Gray repealing water Use and re ealin all resolutions, ordinances, and rules of the Town of Oro Valley in conflict therewith. MOTION carried, 7-0. 6. PUBLIC HEARING - ORDINANCE NO. (0)07-19 AMENDING THE TOWN OF ORO VALLEY TOWN CODE, CHAPTER 15, WATER CODE, ADOPTING SECTION 15-18-10, RESIDENTIAL RAINWATER HARVESTING; AND ADOPTING SECTION 15-18-11, RAINWATER HARVESTING FOR COMMERCIAL AND MASTER SUBDIVISION DEVELOPMENT PROJECTS; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Water Conservation Specialist Kevin McCaleb reviewed a PowerPoint including: presentation regarding residential and commercial rainwater harvesting inc g. g g -Purpose and background. -Passive System -Active System -Codelanguage lan e for Section 15-18-10, Residential Rainwater Harvesting. g -Code language for 15-18-11, Commercial and Master Subdivision Development Projects. -Review and Approval Process. Mayor Loomisopenedpublic the hearing. There being no speakers, the public hearing was closed. MOTION: by A motion was made Council Member Parish and seconded by Vice Mayor Dankwerth to adopt Ordinance (0)07-19, amending the Town of Oro Valley Town Code Chapter 15, Water Code, adopting Section 15-18-10, Residential Rainwater Harvesting; and adopting Section 15-18-11, Rainwater Harvesting for Commercial and Master Subdivision Development Projects; and repealing all resolutions, ordinances and rules of the Town of Oro Valley in p g conflict therewith. '"` MOTION carried, 7-0. 03/21/07 Minutes, Council Regular Session 10 7. PUBLIC HEARING - ORDINANCE NO. (0)07-20 AMENDING THE 2006 INTERNATIONAL RESIDENTIAL CODE, CHAPTER 38, POWER AND LIGHTING DISTRIBUTION, ADOPTING SECTION E3801.12, ADDITIONAL OUTLETS; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Kevin McCaleb reviewed a PowerPoint Presentation highlighting the following: -Additional outlets for point of service recirculation system. -Background and purpose. -Code language for Section E3801.12, Additional outlets. -Review and approval process. Discussion followed regarding: costs of implementing a point of service recirculation system, cost savings, purpose of Code change is to facilitate those who want to implement this for water conservation purposes, etc. Mayor Loomis opened the public hearing. Alex Jacome, representing Southern Arizona Homebuilder's Association (SAHBA) 2840 N. Country Club, stated that they would like to see language added that addressed minimum and maximum run lengths that would dictate whether a switch was needed. Mayor Loomis closed the public hearing. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Carter to adopt Ordinance (0)07-20, amending the 2006 International Residential Code, Chapter 38, Power and Lighting Distribution, adopting Section E3801.12, Additional Outlets, repealing all resolutions, ordinances and rules of the Town of Oro Valley in conflict therewith. Discussion followed regarding amending the motion to direct staff to continue looking at the ordinance for ways to make the ordinance make more sense on items i.e. length of runs, etc., waiting to adopt the ordinance until appropriate language is available, it is the owner's option to add a recirculation pump, and taking every measure possible to save water. MOTION carried, 4-3 with Vice Mayor Dankwerth, Council Member Kunisch, and Council Member Parish opposed. Vice Mayor Dankwerth and Council Member Kunisch opposed the adoption of Ordinance (0)07-20 as they felt that it was better to provide the appropriate 03/21/07 Minutes, Council Regular Session 11 language before adopting and that the builders and customers have the right to p choose this feature rather than it being mandated. 8. PUBLIC HEARING - ORDINANCE NO. (0)07-21 AMENDING CHAPTER 15, ARTICLE 15-23 OF THE ORO VALLEY TOWN CODE ENTITLED "BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL PROGRAM"; AND REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OFO ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Water Utility Director Philip Saletta reviewed a PowerPoint presentation regarding Backflow Prevention and Cross Connection Control Program g g highlighting the following: -Proposed revisions Fire systems Reclaimed water and graywater use Test notifications Testing fees -Revision process Mayoropenedpublic Loomis the hearing. There being no speakers, the public hearing was closed. Amp MOTION: A motion was made by Council Member Abbott and seconded by Vice Mayor Dankwerth to adopt Ordinance (0)07-21, amending Chapter 15, Article 152- 3 of the Town of Oro ValleyTown Code entitled "Backflow Prevention and Cross-Connection Control Program", and repealing all resolutions, ordinances and rules of the Town of Oro Valley in conflict therewith. MOTION carried, 7-0. Mayor Loomis recessed the meeting at 9:15 p.m. The meeting resumed at 9:20 p.m. 9. RESOLUTION NO. (R) 07-43 PROVIDING NOTICE OF INTENT TO ESTABLISH AND INCREASE POTABLE WATER DEVELOPMENT IMPACT FEES FOR THE ORO VALLEY WATER UTILITY Philip Saletta, reviewed a PowerPoint presentation regarding Potable Water System Development Impact Fee/Notice of Intent and highlighted the following: Y p -Introduction and background -Based on General Plan Area and Potable Water Master Plan -Relates tog rowth related items not existing system improvements. 03/21/07 Minutes, Council Regular Session 12 -Comments from Stakeholders SAHBA Homebuilders Metropolitan Pima Alliance Tucson Realtors Northern Pima County Chamber -Synopsis of Impact Fee Requirements -Fee Basis and Water System Infrastructure Components -Current fee: $1774 for new 5/8 inch water meter -Calculated cost increase to $2567 (increase of $793 or 45%) -Re-evaluate fees at end of 10 year period -Report Review/Tables -Inform and involve School District -Inform and involve Parks Department -Equivalent Dwelling Units (EDU) and Meter size data -Further review of residential and commercial demand adjustment factor -Notice of Intent -June 6th for public hearing, Date for consideration of adoption can be set 14 days later as June 20th. If adopted, fees become effective September 19, 2007. -History, process and schedule Discussion followed regarding: meter size (5/8 vs. 3/4), meter ratios and data, EDUs based on 5/8 meter (size installed in most homes in Oro Valley), fees would be for new developments and not for existing residences, if wait 90 days- capital investments would lose revenues over that period if not adopted in September), asking that development pay its own way and the Town has realized significant cost increases over the past 3 - 4 years and are trying to catch up on growth related items. Mayor Loomis commented that we would have the opportunity to make adjustments to this item during the public hearing phase or at the time of the actual adoption of the ordinance. Mayor Loomis opened the floor for public comment. Alex Jacome, representing Southern Arizona Homebuilder's Association (SAHBA), 2840 N. Country Club, commented that there are other ways to finance this than to increase the impact fees and asked for ninety days to study this. Dan Anglin, representing the Tucson Association of Realtors, also requested a ninety day extension to allow time to find an alternative source. He stated that affordable housing was their main concern and any raise in cost was a concern. MOTION: A motion was made by Council Member Abbott and seconded by Vice Mayor Dankwerth to adopt Resolution (R)07-43, providing Notice of Intent to 03/21/07 Minutes, Council Regular Session 13 establish and increase Potable Water Development Impact Fees for the Oro Valley Water Utility. MOTION carried, 7-0. RESOLUTION NO. (R) 07-44 PROVIDING NOTICE OF INTENT TO 10. ESTABLISH AND INCREASE ALTERNATIVE WATER RESOURCES DEVELOPMENT IMPACT FEES FOR THE ORO VALLEY WATER UTILITY Philip Saletta reviewed a PowerPoint presentation and highlighted the following: -Background Based on General Plan area. Balances future costs between existing customers and new development. -Comments from Stakeholders SAH BA Various homebuilders Metropolitan Pima Alliance Tucson Realtors Northern Pima County Chamber -Water Use and sources of supply Sustainable Groundwater Production - 5,500 Acre Feet (Takes into consideration information on aquifer underlying the Town.) -Need for reclaimed and CAP water -Fee basis -Alternative Water Resources Projects and Costs Total cost $139.6 million -Options for implementation Development community velo ment recommending a 3 increment phase-in period. -Report and table review. - Public hearingset for June 6th with consideration of adoption on June 20th. Mayor Loomis opened the floor for public comment. Ramon Gaanderse, Executive Director of Metropolitan Pima Alliance, thanked the Town for includingthem in discussions on this item. He then stated that the proposed increase in fees and rates is significantly higher than those of the surroundingareas. He stated that their concerns were for the size of the increase and lack of phasing. He stated that this would be a burdensome impact to commercial development. He asked that they be given more time to work things out and he proposed that there be ongoing meetings with stakeholders. DanAnglin,An lin, Tucson Association of Realtors, stated that there are alternative ways to fund these needs and the Association is concerned because builders are ‘Nio. saying sa in that commercial development will come to a halt. 03/21/07 Minutes, Council Regular Session 14 Alex Jacome, SAHBA, 2840 N. Country Club, stated that he does not understand why the Town is not waiting for the Carollo's Engineer report. He stated that alternative water and potable water are not separate issues and that the combined rates will put the Town out of business and construction will stop. He said that the stakeholders deal with many water utilities and he requested a 90 day extension so they can work things out. Discussion followed regarding the fact that the Town has made other entities aware of what we are doing; most entities believe that it this is necessary and are all sharing similar costs and will be looking at their impact fees; waiting until the new Carollo Engineer's report comes out before acting on the Alternative Water Resource Development Impact Fees and what impact would this have on the Town with regards to commercial development. MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to adopt Resolution (R)07-44, providing Notice of Intent to increase Alternative Water Resource Development Impact Fees for the Oro Valley Water Utility. Further discussion followed regarding comparisons between turf uses for schools and golf courses, moving forward to recover true costs of bringing water in and making adjustments later, needing best information before moving forward, Carollo Engineer's report will provide more information on how the water would be delivered, types/sizes of pumping stations, cost studies, ranges and options for alternatives, this report should be delivered to the Northwest Water Providers by summer with further presentation in the Fall and not risking future commercial development and the revenues that they represent. MOTION carried, 4-3 with Vice Mayor Dankwerth, Council Member Kunisch, and Council Member Parish opposed. Vice Mayor Dankwerth and Council Members Kunisch and Parish opposed the adoption of Resolution (R)07-44 as they felt that more information was needed and wanted to wait until the Carollo Engineer's report was provided. 11. INVENTORY OF VACANT AND UNDEVELOPED LAND IN ORO VALLEY TO REQUEST DIRECTION TO ISSUE A REQUEST FOR QUALIFICATIONS TO CONTRACT FOR TECHNICAL ASSISTANCE FOR THE INVENTORY AND FOR PERMANENT SIGNAGE ON THE SITES IDENTIFYING DEVELOPMENT POTENTIAL Planning and Zoning Director Sarah More explained that staff is asking for direction regarding expanding the Town's available information regarding vacant and developing parcels. Staff is asking that an inventory be completed to 03/21/07 Minutes, Council Regular Session 15 further update the Town's GIS information and provide signage on properties to indicate future development. Discussion followed regarding providing residents with more information regarding development, providing an inventory of vacant land and placing g g information on the Town's website, physical posting of property, more signage is not the answer, looking for potential "hot spots", time-limits on Planned Area Developments (PAD) and improving outreach to citizens. Mayor Loomis asked that staff look into costs to provide additional links to the Y Town's website regarding zoning, access to the Pima County Assessor's Office, etc. FUTURE AGENDA ITEMS - None presented. CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Parish to adjourn at 11:22 p.m. MOTION carried, 7-0. • Prepared by: Roxana Garrity, CMC Deputy Town Clerk herebyI certifythat the foregoing minutes are a true and correct copy of the g minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 21st day of March 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2007. Kathryn E. Cuvelier, CMC Town Clerk 0,t_EY , --- 0 0� 11000 N. La Canada Dr. 4111) 111, Oro Valley. Arizona 85737 01 , Phone (520) 229-4900 FAX (520) 797-2616 S' DANIEL G. SHARP. Chief of Police .� Y �; A2x.� °K www.ovpd.org A > .cxr.:. �. tea, AA NDE D19 ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE" MEMORANDUM Loomis & Oro ValleyCouncil Members TO: Honorable Mayor Paul FROM: Chief Daniel G. Sharp REF: February 2007 Statistics DATE: March 9, 2007 Please find attached the captured statistics for the Oro Valley Police Department for February 2007, plus Citation/Warning totals for the previous month. Also included are the responsetimes for dispatched priority 1-4 calls and a historical review of the past 3 p years of statistics for the month captured. C. W 0 riNd( > ' liti Z 1-- ti f-,:' s.2 O Kms`. F • tE4 Wi ,,;,,,f,,,i,:4 0 3' E—* Q _a J W cii),-... ..w �. 14 0 0a" --, : N- Pi* , , ' , , . O O >E* < . 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(1) c 0 0 (I) i 1 -0 13 ._ ,, n, as idd a) 2 4(-73. co -F, 0 cn u) ' o u) = cp oz = 0 -0 CJ 0 8 cn 1-- 805a) -5 •,z•, O Q O O L U _ �-- (� ^ E •- TO 2)46 0 _ = CM.E LE 2 --cii 2 ,_ ,_ u) .4_,,,, :E2„ -1--1,--3 E co 0 = .c 5 D C7 2 0 o H > ca Ca a) 5c a) ca m ib ca 2 0 0 0 Q Z 1— mE— QaIDai Q1-- ALL C) o 3: 000 I: U TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: APRIL 4, 2007 10: HONORABLE MAYOR & COUNCIL FROM: Mary Hartz-Musgrave, Library Administrator SUBJECT: AcceptanceValley of the Oro Public Library's "Planning for Results" Strategic Plan 2007-2012 to be sent to the Arizona State Library, Archives and Public as amended. SUMMARY: The Arizona State Library, Archives and Public Records (State Library) requires a public library to file plan aspart of its qualifications for the Library Services and Technology Act a n updated strategic (LSTA) grant process. In June 2003, Council accepted the Oro Valley Public Library's (Library) 2003-2008 "Planningfor Results." Since then, the Library has successfully applied for two original LSTA grants and anticipatesapplying for its third grant for fiscal year 2007/2008 in March 2007. examined the 2003-2008 "Planningfor Results" strategic plan in April 2006, and then Library staff public2006 in the Library's November the to , s it in meetings held on October 31 and 9, y presented . The Libraryuses the State Library's model "Planning for Results" to solicit public Meeting Room. input and writethe library's strategic plan. Ainsley Reeder, Parks & Recreation Director, facilitated andprocess. A third public meeting held on December 12, 2006, established the plan's the meetings three goals. Goal #1 General and Current Information will have a varietyof Residents in the Oro Valley area programs, services, and materials local historyand regional authors) to meet general and current information needs. (including g GOAL #2 Commons in Oro Valleyarea will have opportunities and in physical and virtual space to meet Residents . nit members and takepart in programs and services on community issues and with community interests, i.e., cultural awareness, local authors, and local history. GOAL #3 Lifelong Learning Support the education process with a variety of materials, programs, and services The library supports to help peole of all ages and interests reach their educational and personal goals. p g Staff then constructed � January the objectives at a 17, 2007 staff meeting based upon input from the public during the December meeting. RECOMMENDATION: accepting the Oro ValleyPublic Library's "Planning for Results" Strategic Library staff recommendsp g Plan 2007-2012 as written and instruct staff to forward it to the State Library. SUGGESTED MOTION: The Town Council may wish to consider the following motion: 'I %Pi Oro ValleyPublic Library's "Planning for Results" Strategic Plan 2007-2012 to move to accept the rY be sent to the Arizona State Library, Archives and Public as amended. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 / r 4 Ma Ha g z-Mus rr e, Libr ry Administrator rene Watson, Assistant Town Manager LA --d David Andrews, Town Manager ATTACHMENTS: 1. Oro Valley Public Library's "Planning for Results" Strategic Plan 2007-2012 , LEY Ai C-O O'1/ C3I) 4 3, pp __ +w.t ar,, DED.:. As:3�° 1_111i min, Iry ,71 nnin For Results it / .I 3t Oro Valley Public Library Strategic Plan 2007-2012 The Oro Valley Public Library, an affiliate of the Pima County Public Library System, endeavors to provide resources, services, programs, and activities to meet or address the cultural, educational, and recreational needs and desires of Oro Valley and surrounding communities while encouraging interaction among citizens. 0 ORO VALLEY PUBLIC LIBRARY 1305 W.Naranja Drive AL, Iv' - Oro Valley, AZ 85737 520-229-5300 ORO LLEY www.townoforovalley.com PUBLIC L BRAKy Oro Valley Public Library's "Planning for Results" Strategic Plan 2007-2012 -- DRAFT March 9, 2007 OVERVIEW The Town operates the Oro Valley Public Library (OVPL) in affiliation with the Pima County Public Library through an operational intergovernmental agreement (IGA). The current IGA will expire June 30, 2007. The Town and Pima County are negotiating a renewal of the IGA that will retain the Town's ownership of the library. Since a "strategic" plan must be fluid and flexible for success in the organization, its timeframe (3 to 5 years) must also be flexible to respond to local and regional dynamics. The library's strategic plan provides direction for all library activities as the library aligns itself with the Town's goals. The Oro Valley Public Library works closely with the Arizona State Library, Archives and Public Records (State Library), Library Development Division to coordinate projects and programs that have local, regional, and statewide impact. The Library is eligible to apply for and receive Library Services and Technology Act (LSTA) grant money to help implement community programs sponsored by the Town through the Library Division. The Library submits a Town updated and accepted strategicis plan to the State Library's Library Developmentment Division to meet one of the criteria for the LSTA application process. Library staff examined the 2003-2008 "Planning for Results" strategic plan in April 2006, and then presented it to the public in meetings held on October 31 and November 9, 2006 in the Library's Meeting Room. Ainsley Reeder, Parks & 411k Recreation Director, facilitated the meetings and process. A third public meeting held on December 12, 2006, established the plan's three goals. Staff then constructed the objectives at a January 17, 2007 staff meeting based upon input from the public during the December meeting. The Library uses the State Library's model "Planning for Results" to solicit public input and write the library's strategic plan. The library's plan supports the Town's General Plan. Staff will incorporate the library's strategic plan into the final draft of the Town's strategic plan after the plan has been approved. ORO VALLEY GENERAL PLAN: LIBRARY 6.3 To provide adequate library services to Oro Valley and Pima County residents. 6.3.1 The Town shall prepare a Library Strategic Plan through the Arizona State Library Archives and Public Records with Tucson-Pima Public Library and the Friends of the Oro Valley Public Library. 6.3.2 The Town shall define and create a library vision. The vision defines what type of library, information services, and programs the Oro Valley Public Library will provide, such as general information, lifelong learning, conservation of Town cultural resources, and other special collections IPand services. (See also Policy 10.3.1.) 1 of 12 Oro Valley Public Library's "Planning for Results" Strategic Plan 2007-2012 -- DRAFT March 9, 2007 6.3.3 The Town shall prepare a Library Fiscal Forecast for supporting and extending library services. The Library, like the Town, is mission driven. Town Council accepted the following statements on June 25, 2003 and is still the driving force behind the library. TOWN OF ORO VALLEY'S VISION STATEMENT The vision that the residents have set forth in the General Plan for the future of their Town is . . . To be a well-planned community that uses its resources to balance the needs of today against the potential impacts on future generations. Oro Valley's lifestyle is defined by the highest standard of environmental integrity, education, infrastructure, services, and public safety. It is a community of people working together to create the Town's future with a government that is responsive to residents and ensures the long-term financial stability of the Town. LIBRARY MISSION STATEMENT The Oro Valley Public Library, an affiliate of the Pima County Public Library, • endeavors to provide resources, services, programs, and activities to meet or address the cultural, educational, and recreational needs and desires of Oro Valley and surrounding communities while encouraging interaction among citizens. LIBRARY VALUES The Oro Valley Public Library values: • Courteous, friendly, factual services • Free access to materials, programs, and services • Providing accurate information in a timely manner • Privacy to all of its users • Community input in the planning of their library • Users' ability to assemble at the Library • Ability to refer customers to the next best possible resource • Library Volunteers • Friends of the Oro Valley Public Library LIBRARY ASSUMPTIONS 1. Oro Valley Public Library customers benefit from a well maintained and safe facility, equipment, and collection as a "Great Good Place." 2. Customers benefit from the Oro Valley Public Library's affiliation with Tucson Pima Public Library's services and programs through an intergovernmental agreement. 2 of 12 Oro Valley Public Library's "Planning for Results" Strategic Plan 2007-2012 -- DRAFT March 9, 2007 3. Oro Valley Public Library sponsors library programs and services for all age groups to promote: O! Multi-ethnic and culturally diverse awareness, It Lifelong learning, and OR Formal learning support 4. Oro Valley Public Library customers receive requested information and materials in a timely manner. 5. Oro Valley Public Library continuously evaluates, acquires, and weeds its collection to meet community needs and desires. 6. Oro Valley Public Library staff identifies local/regional authors and invites them to the library. 7. Oro Valley Public Library staff reviews and evaluates its plan. GOALS & OBJECTIVES FOR 2007-2012 TOWN OF ORO VALLEY 2007 STRATEGIC PLAN Focus Area B. Quality of Life Oro Valley's Quality of Life Defined To be added. Community Indicator ✓ High Library usage per capita. Goal #1 General and Current Information Residents in the Oro Valley area will have a variety of programs, services, and materials (including local history and regional authors) to meet general and current information needs. Objective 1. Provide at least one local author and one local history program per year. Objective 2. Increase attendance at storytimes and teen programs by 10%; maintain or increase number and attendance at adult book clubs. Objective 3. Increase collection development budget by 10% annually. ramy 3 of 12 Oro Valley Public Library's "Planning for Results" Strategic Plan 2007-2012 -- DRAFT March 9, 2007 GOAL #2 Commons Residents in Oro Valley area will have opportunities and in physical and virtual space to meet with community members and take part in programs and services on community issues and interests, i.e., cultural awareness, local authors, and local history. Objective 1. Develop virtual community and library technology plans by June 2008. Objective 2. Provide at least three cultural programs and three special events a year, i.e., Business Appreciation Day, Book Festival, and Earth Day Festival. Objective 3. Develop the library's marketing plan by June 2008. GOAL #3 Lifelong Learning Support The library supports the education process with a variety of materials, programs, and services to help people of all ages and interests reach their educational and 4ir personal goals. Objective 1. Increase number and variety of computer classes by 10%. Objective 2. Provide at least five links to lifelong learning resources on OVPL web site and increase number of "Ask a Librarian" questions by 100%. Objective 3. Provide at least one home school open house annually, provide homework help for summer school, and provide college information two times per year. The following tables define the operational plan for meeting the library's goals and objectives through June 2008. 4 of 12 N >, O - C m ,- E in cz 03 a) (13 �•- O O � Q h. E . .. >> 0 u- O cz (3 - OR o E < aj L' w C O U O o o aj C\1 a) -0 0-) U 9 L cn U L b-- a) L a) p O o - N a) .0 a) LL C Q C Q O 0) E C 0 CI)C C N 0 O I � � o ° > ~O C C -0 0 0 o cn m o (3 ^ •— co a) o a) �°. D v 0 _ .E 2 I— -o —) �.L I--- C 0) MLO C C •C Q) 'C -C C ° ° 0) 0 cn O C C C p C ca >' L to O 0 0 o_ 0 E a) Lt. CEL 12) -c (0 Ce C0 Co .c o N— CD V a) O w 0) -3 a) >' c0 Ca. U O m-. 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O O >,N 0 Ci) cn � U TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 4, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Jose N. Rodriguez, P.E., Engineering Division Manager 4 SUBJECT: Resolution (R) 07- Acceptance of Bid and Award of Contract for Oro Valley Country Club Estates, Phase I — Retaining Wall, Project No. OV 30 06/07 07A SUMMARY: This project consists of constructing a retaining wall along the west side of Valle De Oro Road within the Oro Valley Country Club Estates Subdivision. This wall is necessary in order to reshape the steep slope along Valle De Oro Road into a gentler slope and provide enough room to install a guard rail. The work to be performed for this project includes, but is not limited to: installation of a segmental retaining wall, removal of wedge curb, slope improvements and any other incidental work. A meeting was held with the Oro Valley Country Club general manager and board members on Friday, February 16, 2007 at 11:00 AM. In response to the advertisement for bids, the Town received two bid proposals. The bidpwere ro osals opened by the Town Clerk's staff at 10:00 A.M. Thursday, March p p 15, 2007. The following is a summary of the bids received along with the engineer's estimate: Contractor Total Bid Amount Miura Contracting, Inc. $199,999.00 Southern AZ Paving & Construction Co. $233,200.00 Engineer's Estimate $113,750.00 ATTACHMENTS: Resolution (R) 07 -46 Copy of Bid Advertisement Copy of Bid Tab of Miura Contracting, Inc. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: Funding for this project is available from budgeted FY 06/07 Highway User Revenue Funds (HURF) in the amount of $400,000.00. Oro Valley Country Club Estates, Phase I — Retaining Wall $181,317.92 Oro Valley Country Club Estates, Phase II — Pavement Rehabilitation $199,999.00 Total Oro Valley Country Club Estates Projects $381,316.92 RECOMMENDATION: Public Works staff recommends approving the bid and awarding the contract to Miura Contracting, Inc. in the amount of $199,999.00 through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 07 - 46 OR I move to deny Resolution (R) 07 - 46 ?/9 ciiie;udrigue4z, ., Engi Bring Div. Manager kii ./1 Craig Civalier, P.E.,Town ngineer ,.0 44,...4_.., A i tr.it.m. e Watson, Assistant Town Manager 04 David Andrews, Town Manager RESOLUTION NO. (R) 07 -46 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO ACCEPT THE BID AND AWARD THE CONTRACT WITH MIURA CONTRACTING, INC. FOR THE ORO VALLEY COUNTRY CLUB ESTATES, PHASE I — RETAINING WALL PROJECT NO. OV 30 06/07 07A. WHEREAS, the slope and roadway improvement within the Town's right of way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of and vehicular and pedestrian traffic; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to accept the bid and award the contract to Miura Contracting, Inc. for the Oro Valley Country Club Estates, Phase I-Retaining Wall Project No. OV 30 06/07 07A. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Authorizing the Mayor to accept the bid and award the contract to Miura Contracting, Inc. for the Oro Valley Country Club Estates, Phase I-Retaining Wall Project No. OV 30 06/07 07A. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 4th day of April, 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney BID SCHEDULE FOR ORO VALLEY COUNTRY CLUB ESTATES,PH.I—RETAINING WALL / ITEMDESCRIPTION UNIT ESTIMATED UNIT SUB NO. QUANTITY COST TOTAL 2010001 Clearingand GrubbingLS 1 2 13,00 � I.q3.0 0 1 2030901 Borrower Section 02222 Kleinfelder's Specification CY 1100 53,2 1 5 63/.8a P1 6070210 Remove and Salvage Signs LS 1 J&35 00 L6,3700 7010001 Maintenance and Protection of Traffic FA 1 $5,000.00 $5,000.00 Furnish and install Traffic control LS I 4oi. 0 0 4cOo.00 7010006 9130008 - RiP PRa (Hand Placed)(Angular) CY 17 22‘,00 .3g 4&6O 9140203 Modular Concrete Retaining Wall(Allan Block) SF 3700 2C.5-4 99, (W,6 c 9300111 Miscellaneous Work(Force Account) FA 1 $5,000.00 $5,000.00 ._ F•,uxY- l,{•X+s:N 'e �;P" s' ; ?,a;' .w � ,ij;,v , �T:k i :''''''4:1---;.4:4''''' --;',.:'--::. � : �1:.-tn„�v :`�'�•.•yt-•. .,a, ��. _ 1'':�1' vi -1•. � :� .i•, ?••K.a.Ci, - w i ,. '.F.•,�.y�.� '�«_ �P ��17L�' %.4,,-3 ,-.,:_, j .....m.1...,4-- -i-,--For--10;.[ .. -.�.L••.}Lj..�1•:-t �«4� 11•�-1 .t•�T,r j e.:rti•' !��:�:��-�7'-`S 1{�''1. . ._.� �i.e'�:�1! n'iY� _Jr i!•( ��.�. Vy - - .� �.!i ..z, .1, -CY.d w«..r��" .} "I.. %i ��- .--;_t--.24,„ C �T.• e1-_ �+ trS, siA�:i{' ,�yl�.j.}-,,D'..e�.�ayJG.°;l,.n :.:-�•i iter:-7,,-- ,i. ... i• 4,-♦-- sem:,, �w-. r , �� git:i�.�s x• g y �, -! ? 3 ,� ra•r. �i•a.. ter. y S :;1' yw: : .t' '� 1 Lij�h�rY�rc''C"r .>i �. l�: !_."ZT'r '• '� a jtc .r.•i'. r' M 1`:•_ 'y, d ', >�•--:� �r�;+y��r'��•C. �„t�fi.,f�.ab''.',. ';;..-�+k'.o�7". ... .. ...- ••�!.� r ... ..'�". .. .f k_^.: s. :•a,.. :i i . , TOTAL f Ci g 777 oc r i ;, TOTAL BID AMOUNT IN NUMBERS FOR ORO VALLEY COUNTRY CLUB ESTATES .PH.I—RETAINING WALL - • r/9 ' TOTAL BID AMOUNT IN WORDS FOR ORO VALLEY COUNTRY CLUB ESTATES, PH.I—RfTAIVN.G.yvALL ,;-, c , $ One li Lc h dred 0/ eJ - 0 t/7(0. • 5 a- r—no2c IliD e �S a a i-5 a,f'L G� f'� Ce RECEIPT OF ADDENDA NOS . 1 IS HEREBY ACKNOWLEDGED. J Ce0W-OR NAME OF CONTRACTORM �U R� i G .7.—in't(--- i ...... i'R 1 1 .i.,.. :...i. 1,.: .aj 3 } +z r ,:i_, ?., . :,... :i :rte ;1": t ...8. 1 4 • I 11 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 4, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Jose N. Rodriguez, P.E., Engineering Division Manager 47 SUBJECT: Resolution (R) 07- Acceptance of Bid and Award of Contract for Oro Valley Country Club Estates, Phase II — Pavement Rehabilitation, Project No. OV 30 06/07 07B SUMMARY: This project consists of reconstructing Oro Valley Drive and Valle De Oro Road within the Oro Valley Estates Subdivision. Prior to this project, the Oro Valley Water Utility has contracted the installation of a new water main under these two roadways. The work to be performed for this project includes, but is not limited to: pulverizing and removal of the existing pavement, scarifying, re-grading and compacting the roadway base course, paving 2" of new PAG 2 asphalt, removal and replacing the concrete curb, replacement of survey monuments, utility adjustments, striping and any other incidental work. A joint Open House was held on Thursday, February 22, 2007 from 6pm to 7:30pm with the Oro Valley Water Utility. One resident attended with questions regarding the water service to her home. In response to the advertisement for bids, the Town received seven (7) bid proposals. The bid proposals were opened by the Town Clerk's staff at 2:30 P.M. Wednesday, March 13, 2007. The following is a summary of the bids received along with the engineer's estimate: Contractor Total Bid Amount Sunland Asphalt $181,317.92 Bates Paving & Sealing, Inc. $185,041 .00 Tucson Asphalt Contractors, Inc. $194,810.98 Southern Az Paving & Construction Co. $206,591 .60 K & B Asphalt Co. $212,317.80 Cactus Transport, Inc. $233,651.40 Granite Construction Co. $276,755.00 Engineer's Estimate $219,360.30 ATTACHMENTS: Resolution (R) 07 -47 Copy of Bid Advertisement Copy of Bid Tab of Sunland Asphalt TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: Funding for this project is available from budgeted FY 06/07 Highway User Revenue Funds (HURF) in the amount of $400,000. RECOMMENDATION: Public Works staff recommends approving the bid and awarding the contract to Sunland Asphalt in the amount of $181,317.92 through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 07 - 47 OR I move to deny Resolution (R) 07 -47 if Jo-- 'odrigu••z, ,�E., Engi eering Div. Manager f . i._,L Craig Civalier P.E.,Town Engineer -A:CA—) erene Watson, Assistant Town Manager 5.44:i d-wieltev>-- David Andrews, Town Manager RESOLUTION NO. (R) 07 -47 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO ACCEPT THE BID AND AWARD THE CONTRACT WITH SUNLAND ASPHALT FOR THE ORO VALLEY COUNTRY CLUB ESTATES, PHASE II — PAVEMENT REHABILITATION PROJECT NO. OV 30 06/07 07B. WHEREAS, the roadway improvements within the Town's right of way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of and vehicular and pedestrian traffic; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to accept the bid and award the contract to Sunland Asphalt for the Oro Valley Country Club Estates, Phase II - Pavement Rehabilitation Project No. OV 30 06/07 07B. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Authorizing the Mayor to accept the bid and award the contract to Sunland Asphalt for the Oro Valley Country Club Estates, Phase II — Pavement Rehabilitation Project No. OV 30 06/07 07B. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 4th day of April, 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney BID SCHEDULE FOR ORO VALLEY COUNTRY CLUB ESTATES, PH II- PAVEMENT REHABILITATION ITEM DESCRIPTION UNIT UNIT SUB NO. QUANTITY COST TOTAL 2020020 REMOVAL OF CURB LF 700 41.11 # 1-31, 2020029 REMOVAL OF BITUMINOUS PAVEMENT BY PULVERIZATION SY 1Z� 3 2ei S p,5 Z. fG1 Hl D.5 2050001 GRADING ROADWAY FOR PAVEMENT SY )2132A 42.05 4060002 ASPHALTIC CONCRETE(PAG#2)(2") TON 1, aO 415.40 t !3,S 5 o. 7010001 MAINTENANCE AND PROTECTION OF TRAFFIC FA 1 $10,000 $10,000 7010007 FURNISH AND INSTALL TEMP.TRAFFIC CONTROL DEVICES LS 1 # .Zd. j (ow,' 7080001 PAVEMENT MARKING PAINTED(WITH GLASS BEADS) LF 354 4 •$ i 2.q1. 8102505 ADJUST EXISTING VALVE BOX AND COVER EA 4 4 i qL.2„5 4185, 9090002 SURVEY MONUMENT(PC/COT STD.DTL. 103,SHEET 1 OF 3) EA 16 +i GZ.fro 4q00/.[P 0. 9160001 EMBANKMENT CURB(EXTRUDED CURB) LF 700 '(.0(O $Z 7. 2. 9240101 FORCE ACCOUNT(MINOR ALTERATIONS OF FA 1 $10,000 $10,000 CONSTRUCTION) ., ..•.,... ,-:�. •_.s, ..._...�.:. , ....,,.. .. .. .. ,...r• ,,.... -F•.v-:. s�- r.r.. x •+� .,. ....,..._..._....... •;s1.•=. mac,:. �. _. .::.........e+1J"..•,...h,xw,... •:!`•i'�. �..,..F..tet:�_....t2.?!!....!v ,+�� .-r.�f..,r ...X..F ..rt•.t.- .:L`+<,. T'!'"'.i�'i+��`i!3?.�''a•.aw.'w•. .!"..._ �✓:... .,.,. -,..,r• �27e*;; _.. -. ..,..:ii"�".�....-..- r., ._ TOTAL g ,31/.12_ TOTAL BID AMOUNT IN NUMBERS FOR ORO VALLEY COUNTRY CLUB ESTATES, PH H-PAVEMENT REHABILITATION $_ I$11.13'11.1: TOTAL BID AMOUNT IN WORDS FOR ORO VALLEY COUNTRY CLUB ESTATES, PH II-PAVEMENT REHABILITATION '14- $ogE fi ', pgep 01LGl47-Y oN,` 11. '054 Y - • NJ vg: fN ,4AIP A PO RECEIPT OF ADDENDA NO(S). IS HEREBY ACKNOWLEDGED. CONTRACTOR'S NAME .5 v,.)LAAJD 45 ek-AL_S 1110 11 F TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 4, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Craig Civalier, Town Engineer SUBJECT: Resolution (R) 07- 48 Awarding the contract for Professional Consultant Services for the Department of Public Works Management Study and Strategic Plan Update. SUMMARY: In November of 2006 the Department of Public Works advertised for a Request for Proposals to secure the services of a consultant to conduct a management study for the Department. Four proposals were received in January of this year and are listed below. The Consultant Selection Committee chose two firms to interview, Maximus and The Mercer Group. Second interviews have been conducted with The Mercer Group at which the Consultant Selection Committee has discussed the scope of work with the consultant's entire team of professionals. Our conclusion is The Mercer Group is the best fit to conduct this study. The scope of work is stated in the attached proposed fee and scope of services submitted by The Mercer Group, Inc. of Santa Fe, New Mexico. Included in the scope of work are a draft and final version of the DPW Management Study Report, an Implementation Plan and a Public Works Strategic Plan Update. The Public Works Strategic Plan Update was added during the second interview process. A briefing to Public Works employees and associated presentations to Mayor and Council are also included. It is anticipated that the Management Study will be completed 16 weeks after the Notice to Proceed. As mentioned above Requests for Proposals were advertised November 16, 2006 in the Territorial and on the Town website. Four Requests for Proposal were received by consulting firms. They are as follows: Consultant Schedule Fee Proposal The Mercer Group, Inc. 16 weeks $ 44,100.00 (original) (with Strategic Plan Update) 20 weeks $ 51,000.00 (revised) 1111, Maximus 120 days $ 73,900.00 Springsted not provided $ 36,690.00 Harris & Associates 14 weeks $143,820.00 (Phase I) TOWN OF ORO VALLEY M COUNCIL COMMUNICATION Page 2 of 3 The Mercer Group, Inc. was determined to be the best candidate for this study and is recommended for approval of this contract due to their extensive experience as local government officials including Assistant City Manager in Raleigh, North Carolina; Director of Public Works of Phoenix, Arizona; and City Manager of Scottsdale, Arizona. As consultants to the public sector they have conducted over 250 management studies including the City of Phoenix, Arizona; Scottsdale, Arizona and University Park, Texas More information concerning The Mercer Group, Inc. is attached to this communication. FISCAL IMPACT: The fee for the consultant services is $44,100.00 with an amendment for a DPW Strategic Plan in the amount of$6,900.00 for a total contract cost of$51,000.00. Funding for this project will come from the Town's Highway Fund, Contingency. Any costs past this fiscal year will be paid from the Highway Administration Funds in FY 2007/2008 ATTACHMENTS: 1. Resolution (R) 07 - 48 2. Copy of RFP/RFQ advertisement with scope of work 2. Town of Oro Valley Standard Contract for Professional Consultant Services 3. Copy of Fee Proposal, Scope of Services from The Mercer Group, Inc. dated January 16, 2007 and Proposal Amendment dated March 13, 2007. 4. Presentation from The Mercer Group, Inc. dated February 26, 2007 RECOMMENDATIONS: The Consultant Selection Committee recommends the awarding of this contract for the Department of Public Works Management Study and Strategic Plan Update to The Mercer Group, Inc. in the amount of $51,000.00 through the adoption of the attached resolution. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 07-48 authorizing the Mayor to accept the proposal and award a contract for Professional Consultant Services for the Department of Public Works Management Study & Strategic Plan. Or I move to deny Resolution (R) 07- 4a ial; .. ikr,)/41\ Craig Civ ler, Town Engineer L+' ) -tu.s_c_-44/a4...h.) Je e Watson, Asst Town Manager fitlki a4k11,,,2- David Andrews, Town Manager RESOLUTION NO. (R)07- 48 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AWARD OF CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES TO THE MERCER GROUP, INC. FOR THE DEPARTMENT OF PUBLIC WORKS MANAGEMENT STUDY AND STRATEGIC PLAN UPDATE. WHEREAS, the development of a Management Study and Strategic Plan Update for the Town of Oro Valley Department of Public Works is necessary for the planning and management of the Department of Public Works; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the planning and management of the Department of Public Works, to authorize the Mayor to contract with the The Mercer Group, Inc. for Professional Consultant Services for the Department of Public Works Management Study and Strategic Plan Update; and THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: The Mayor is authorized to contract with The Mercer Group, Inc. for Professional Consultant Services for the Department of Public Works Management Study and Strategic Plan Update. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 4th day of April, 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Date Melinda Garrahan, Town Attorney Date oP�JY Town of Oro Valley, Arizona . RequestNotice of for Proposal Request for Proposal: Department of Public Works Management Study Proposal Due: January 16,2007 Proposal Time: 4:00 PM,MST Contact: Craig Civalier,Town Engineer Phone: (520)229-4875 Pre-proposal Meeting: December 13,2006 at 10:00 am MST Location: Town of Oro Valley Department of Public Works Location: Development Services Hopi Conference Room Mailing Address: 11000 N.La Canada Drive,Oro Valley,Arizona In accordance with the Town of Oro Valley Procurement Code and Policy competitive sealed proposals for Department of Public Works Management Study specified will be received by the Town of Oro Valley Department of Public Works at the specified location until the date and time cited above. Proposals shall be in the actual possession of the Town of Oro Valley Department of Public Works on or prior to the exact date and time indicated above. Late proposals will not be considered. Proposals shall be submitted In a sealed envelope with the Request for Proposal description and the Consultant's name and address clearly Indicated on the front of the envelope. All proposals shall be completed in ink or typewritten. r es 75;3 A�;�•vT•v xy2s-7-�,� ..•..'S'r,��, .z:,k. .'Y. R ,h'l"�'.., f I:: "`.sr':Y.�•'e'f!.'�- `'�i� ,74- s �'Yig Ei'SF. .,YSw,t `Xti ,^r°..w'a {`fN>ASi ,c-, c• ..i. - _ .... ........ ... ......:...>. .,......:;..,c..�-:.. -.,.,: ,-.... -... .:- :•,,: `:t� SS .�.�.!;i},r_.sSk...,,w...Y.t}•i_._.YL.�h:�C.ii,....._....-ii__.._ :.._..•.^!:-:a.-4:i v�::rs:._:,-.;•+w-.i�.:.:.w--:: .:.,,_<.:_x:r..r..s`_�-_..._:�.�..�--.r V:c:::�w ...__�..,..-.r........:.s.-_..�..........,.ui::s��_:>, r,��.'.z..-�s.........��.'.�:7.,r_:;��s....L:e4.`�'h:v:.1�'.6�ri..�.a6 _!F To the Town of Oro Valley: The undersigned on behalf of the entity,firm,company,partnership,or other legal entity listed below offers on its behalf to the Town a proposal that contains all terms,conditions,specifications and amendments in the Notice of Request for Proposal issued by the Town. Any exception to the terms contained in the Notice of Request for Proposal must be specifically indicated in writing and are subject to the approval of the Town prior to acceptance. The signature below certifies your understanding and compliance with the terms and • conditions contained in this Request for Proposal package issued by the Town. Arizona Transaction(Sales)Privilege For clarification of this offer contact: Tax License Number: Name: efTe-OfeAdell et1C-rfel gsit Federal Employer Identification / f776 - Number. Telephone: N`. 4, ,/ Company Name &Authorized Signatar4 forOfferor r .,�•�/ A/. Co A-4 e V /!-a /774. 7Y 6 c,47 416,/ 6sw ..7'.t . Address Printed Name K4. ?.Ss 5 c7� ,v,L. 14 e. - / e ("J7- City State Zip Title CCFP�'Ii •OF OFFER A ND Co1irRA CT AWARD(For Town of Orst1CalleY tJse 4n Your offer is accepted by the Town,subject to approval of each written exception that your proposal contained. The contract consists of the following documents: 1) Request for Proposal issued by the Town; 2) Your offer in Response to the Town's Request for Proposal; 3) This written acceptance and contract award. As the consultant,you are now legally bound to sell the materials and/or services listed by the attached award notice,based on the solicitation of proposals,including all terms,conditions,specifications,amendments and your offer as now accepted by the Town. The Consultant shall not commence any billable work or provide any material or service under this contract until the Consultant receives a written Notice to Proceed. Town of Oro Valley,Arizona Effective Date: Attested by: Approved as to form: Kathryn E.Cuvelier,Town Clerk Melinda Garrahan,Town Attorney Contract Awarded Date: Paul H.Loomis,Mayor 1 Town of Oro Valley ,10-LEY 049 gR�04, REQUEST FOR PROPOSAL Department of Public Works 11000 N. La Canada Drive Oro Valley, AZ 85737 INSTRUCTIONS TO CONSULTANT Phone: (520) 229-4875 Fax: (520)229-4899 1. PREPARATION OF PROPOSAL: a. All proposals shall be on the forms provided in the Request for Proposal package. It is permissible to copy these forms if required. Telephonic(facsimile)or mailgram proposals will not be considered. b. The offer shall be submitted with an original ink signature by a person authorized to sign the offer. c. If price is a consideration and in case of error in the extension of prices in the proposal,the unit price shall govern. No proposal shall be altered,amended,or withdrawn after the specified proposal due date and time. d. Periods of time,stated as a number of days,shall be calendar days. e. It is the responsibility of all Offerors to examine the entire Request for Proposal package and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a bid. Negligence in preparing a Proposal confers no right of withdrawal after proposal due date and time. 2. INQUIRIES: Any questions related to the Request for Proposal shall be directed to the Contact whose name appears on the front. 3. LATE PROPOSALS: Late Proposals will not be considered. An Offeror submitting a late proposal shall be so notified. 4. WITHDRAWAL OF PROPOSAL: At any time prior to the specified proposal due date and time,an Offeror(or designated (facsimile)or mailgram proposal withdrawals will not be considered. representative)may withdraw the proposal. Telegraphic g p P 5. AMENDMENT OF PROPOSAL: At any time prior to the specified proposal due date and time,an Offeror(or designated representative)may amend the proposal. Telegraphic(facsimile)or mailgram proposal amendments will not be considered. co, 6. COST OF PROPOSAL PREPARATION: The Town shall not reimburse the cost of developing,presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically,providing adequate information in a straightforward and concise manner. 7. PUBLIC RECORD: All offers submitted in response to this solicitation shall become the property of the Town and shall become a matter of public record available for review,subsequent to the award notification. 8. PROPOSAL FORMAT: Proposals shall be submitted with one(1)original and two(2)copies in the format as contained in the Request for Proposal. Proposals shall be on 8 1/2"x 11"paper with the text on one side only. All submittal information must contain data for only the local office(s)which will be performing the work. a. Proposal Content—The following items shall be addressed in the proposal submission: Title Page Title page showing the request for proposal subject;the firm's name;the name,address,telephone number, and e-mail address of the contact person;and the date of the proposal. 4 ii. Project Understanding&Approach A detailed description of the Offeror's understanding of the work to be done,the approach that will be used to complete the work,the commitment to perform the work within a specific time period,a statement why the firm believes itself to be best qualified to perform the work and a statement that the proposal is a firm and irrevocable offer for 90 days. iii. Schedule for Completion iv. Schedule of Costs Must be provided on spreadsheet with itemization by task to include personnel,hours,and rates. v. Qualification&Experience of Key Personnel Must provide qualifications and experience of key personnel who will be working on the project and what tasks they will be performing. New 4 2 EY Town of Oro Valley ° °ti� REQUEST FOR PROPOSAL Department of Public Works 11000 N. La Canada Drive Oro Valley, AZ 85737 INSTRUCTIONS TO CONSULTANT Phone: (520) 229-4875 Fax: (520) 229-4899 vi. References Must provide a minimum of three(3)references for which your firm has provided similar services within the last three(3)years. 9. EVALUATION: In accordance with the Town of Oro Valley Procurement Code and Policy,awards shall be made to the responsible Consultant whose proposal is determined in writing to be the most advantageous to the Town,based upon the evaluation criteria listed below. a. Firm and Individual Experience&Ability to Provide Required Services. b. Understanding&Approach of Required Services. c. Schedule to Provide Required Services. d. Cost to Provide Required Services. e. Conformance to Request for Proposal. 10. LICENSE TO PRACTICE IN ARIZONA An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in Arizona. 11. FIRM QUALIFICATIONS The Consultant should state the size of the firm,the location of the office from which the work on this engagement is to be performed and the number and qualifications of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. Be specific regarding the type and location of similar work performed elsewhere,including individuals at a specific site who may be contacted as references. If the Offeror intends to subcontract any services,state so specifically and provide the names,addresses,telephone numbers,qualifications,and applicable experience of the proposed subconsultants,as well as references who may be contacted for further information. The Consultant should state the firms experience in developing Management Studies for Public Works Departments. 12. PROPOSAL AMOUNT The Proposal amount should contain all pricing information relative to the Management Study as described in this Request for Proposal. The total all-inclusive maximum price of the proposal is to contain all direct and indirect costs including all out-of-pocket expenses. 13. PROPOSAL OPENING: Proposals will be opened at the date,time and location specified herein. Except for announcement of who submitted proposals at the opening of proposals,all information regarding the content of the specific submittals will remain confidential until a contract is finalized or all proposals are rejected. 14. AWARD OF CONTRACT: a. Notwithstanding any other provision of this Request For Proposal,the Town expressly reserves the right to: 1. Waive any immaterial defect or informality;or 2. Reject any or all proposals,or portions thereof,or 3. Reissue a Request for Proposal. b. A response to a Request for Proposal is an offer to contract with the Town based upon the terms,conditions and specifications contained in the Town's Request for Proposal and the written amendments thereto,if any. Proposals do not become contracts unless and until they are accepted by the Town Council. A contract is formed when written notice of award(s)is provided to the successful Consultant(s). The contract has its inception in the award document,eliminating a formal signing of a separate contract. For that reason,all of the terms and conditions of the procurement contract are contained in the Request for Proposal. 3 Town of Oro Valley oQ0,PL�Y oti9 Department of Public Works TERMS AND CONDITIONS 11000 N. La Canada Drive Oro Valley,Arizona 85737 Phone: (520)229-4875 Fax: (520)229-4899 THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY RESULTANT CONTRACT. 1. Purpose: Pursuant to provisions of the Town Procurement Code and Policy,the Town of Oro Valley Department of Public Works intends to establish a contract for a Department of Public Works Management Study. 2. Authority: This Solicitation as well as any resultant contract is issued under the authority of the Town. No alteration of any resultant contract may be made without the express written approval of the Town in the form of an official contract amendment. Any attempt to alter any contract without such approval is a violation of the contract. Any such action is subject to the legal and contractual remedies available to the Town inclusive of contract cancellation. 3. Offer Acceptance Period: In order to allow for an adequate evaluation,the Town requires an offer in response to this Solicitation to be valid and irrevocable for ninety(90)days after the opening time and date. 4. Eligible Agencies: Any contract resulting from this Solicitation shall be for the exclusive use of the Town of Oro Valley. 5. Contract Type: Fixed Price. 6. Term of Contract: The term of any resultant contract shall commence on the first day of the month following date of award and shall continue for a period of 120 days thereafter, unless terminated,cancelled or extended as otherwise provided herein. 6.1. Termination of Contract: This Contract may be terminated by an authorized agent of either the Town or the Consultant for cause with ninety(90)days written notice of such intent to terminate. The notice shall specify the cause for termination.Moreover,the notice shall not be effective until received. Notice shall be made as follows: a. Notice to the Town Craig Civalier,Town Engineer 11000 N.La Canada Drive Oro Valley,Arizona 85737 b. Notice to Consultant 7. Contract Extension: This contract may be extended up to 30 days upon written mutual agreement between the parties. 8. Contract The contract between the Town and the Consultant shall consist of(1)the Solicitation,including instructions,all terms and conditions,specifications,scopes of work,attachments,and any amendments thereto,and(2)the offer submitted by the Vendor in response to the solicitation. In the event of a conflict in language between the Solicitation and the Offer,the provisions and requirements in the Solicitation shall govern. However,the Town reserves the right to clarify,in writing,any contractual terms with the concurrence of the Consultant,and such written contract shall govern in case of conflict with the applicable requirements stated in the Solicitation or the Vendor's offer. The Solicitation shall govern in all other matters not affected by the written contract. 9. Contract Amendments: This contract may be modified only by a written amendment to the contract signed by persons duly authorized to enter into contracts on behalf of the Town and Consultant. 10. Contract Applicability: The Offeror shall substantially conform to the terms,conditions,specifications and other requirements found within the text of this specific Solicitation. All previous agreements,contracts,or other documents,which have been executed between the Offeror and the Town are not applicable to this Solicitation or any resultant contract. 11. Payments: The Town intends to pay for all services on a monthly basis based on services rendered in accordance with the scope of work. 12. Additional Services: Any additional services added during the term of this contract will not exceed the published price for those services. 13. Licenses: Consultant shall maintain in current status all Federal,State and Local licenses and permits required for the operation of the business operated by the Consultant as applicable to this Contract. VIP 4 Town of Oro Valley opo• �o Department of Public Works TERMS AND CONDITIONS 11000 N.La Canada Drive Oro Valley,Arizona 85737 Phone: (520)229-4875 • D• 4 Fax: (520)229-4899 14. Applicable Law: In the performance of this agreement,consultants shall abide by and conform to any and all laws of the United States,State of Arizona and Town of Oro Valley including but not limited to federal and state executive orders providing for equal employment and procurement opportunities,the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this agreement. This contract shall be governed by the Town and the Consultant shall have all remedies afforded each by the Uniform Commercial Code,as adopted by the State of Arizona,except as otherwise provided in this contract or in statutes pertaining specifically to the Town. This contract shall be governed by the laws of the State of Arizona and suit pertaining to this contract may be brought only in courts in the State of Arizona. This contract is subject to the provisions of ARS§38-511;the Town may cancel this contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating,securing,drafting or creating the contract on behalf of the Town or any of its departments or agencies, is at any time while the contract or any extension of the contract is in effect,an employee of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. 15. Provisions Required by Law: Each and every provision of law and any clause required by law to be in the contract will be read and enforced as though it were included herein,and if through mistake or otherwise any such provision is not inserted,or is not correctly inserted,then upon the application of either party,the contract will forthwith be physically amended to make such insertion or correction. 16. Assignment-Delegation: No right or interest in this contract shall be assigned by Consultant without prior written permission of the Town and no delegation of any duty of Consultant shall be made without prior written permission of the Town. 17. Subcontracts: No subcontract shall be entered into by the consultant with any other party to furnish any of the material or service specified herein without the advance written approval of the Town. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract and if the Subconsultant were the Consultant referred to herein. The Consultant is responsible for contract performance whether or not Subconsuttants are used. 18. Rights and Remedies: No provision in this document or in the vendor's offer shall be construed,expressly or by implication,as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of contract. The failure of the Town to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract,or by law,or the Town's acceptance of and payment for materials or services,shall not release the Consultant from any responsibilities or obligations imposed by this contract or by law,and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of the Contract. 19. Indemnification: To the fullest extent permitted by law,the Consultant shall defend,indemnify and hold harmless the Town, its agents,representatives,officers,directors,officials and employees from and against all claims,damages,losses and expenses (including but not limited to attorney fees,court costs,and the cost of appellate proceedings),relating to, arising out of, alleged to have resulted from the acts,errors,mistakes,omissions,work of services of the Consultant,its employees,agents,or any tier of subconsultants in the performance of this Contract. Consultant's duty to defend,hold harmless and indemnify the Town,its agents, representatives,officers,directors,officials and employees shall arise in connection with any claim,damage,loss or expense that is attributable to bodily injury,sickness,disease,death,or injury to,impairment,or destruction of property including loss of use resulting therefrom,caused by any acts,errors,mistakes,omissions,work or services in the performance of this Contract including any employee of the Consultant or any tier of subconsultant or any other person for whose acts,errors,mistakes,omissions,work or services the Consultant may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 20. Insurance Requirements: The Consultant,at Consultant's own expense,shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed,possessing a current A.M. Best,Inc.Rating of B++6,or approved unlicensed in the State of Arizona with policies and forms satisfactory to the Town. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted;failure to do so may,at the sole discretion of the Town, constitute a material breach of this Contract. 5 Town of Oro Valley 4o�vs-EYAR�°I- Department of Public Works TERMS AND CONDITIONS 11000 N. La Canada Drive Oro Valley,Arizona 85737 Phone: (520)229-4875 Fax: (520)229-4899 The Consultant's insurance shall be primary insurance with respect to the Town,and any insurance or self-insurance maintained by the Town shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Town. The insurance policies,except Worker's Compensation,shall contain a waiver of transfer rights of recovery(subrogation)against the Town,its agents,representatives,directors,officers,and employees for any claims arising out of the Consultant's acts,errors, mistakes,omissions,work or service. The insurance policies may provide coverage which contain deductibles or self-insured retentions. Such deductible and/or self- insured retentions shall not be applicable to the coverage provided to the Town under such policies. The Consultant shall be solely responsible for the deductible and/or self-insured retention and the Town,at its option,may require the Consultant to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The Town reserves the right to request and to receive,within 10 working days,certified copies of any or all of the herein required insurance policies and/or endorsements. The Town shall not be obligated,however,to review same or to advise Consultant of any deficiencies in such policies and endorsements,and such receipt shall not relieve Consultant from,or be deemed a waiver of the Town's right to insist on,strict fulfillment of Consultant's obligations under this Contract. The insurance policies,except Worker's Compensation and Professional Liability,required by this Contract,shall name the Town, its agents,representatives,officers,directors,officials and employees as Additional Insureds. 21. Required Insurance Coverage: 110 a. Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than$1,000,000 for each occurrence with a$2,000,000 Products/Completed Operations Aggregate and a$2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage,personal injury,products and completed operations and blanket contractual coverage including,but not limited to,the liability assumed under the indemnification provisions of this Contract. Such policy shall contain a severability of interest provision,and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. If required by this Contract the Consultant subletting any part of the work,services or operations awarded to the Consultant shall purchase and maintain,at all times during prosecution of the work,services or operations under this Contract,an Owner's and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of the Consultant's work,service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than$1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Consultant's Commercial General Liability insurance. b. Automobile Liability Consultant shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than$1,000,000 each occurrence with respect to the Consultant's any owned, hired,and non-owned vehicles assigned to or used in performance of the Consultant's work. c. Worker's Compensation The Consultant shall carry Workers'Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services;and, Employer's Liability insurance of not less than$100,000 for each accident,$100,000 disease for each employee, and$500,000 disease policy limit. In case any work is subcontracted,the Consultant will require the Subconsultant to provide Workers'Compensation and Employer's Liability to at least the same extent as required of the Consultant. IOW 6 LEYq Town of Oro Valley oQ.oJ R�20y' Department of Public Works TERMS AND CONDITIONS 11000 N. La Canada Drive • 4%e Oro Valley,Arizona 85737 Phone: (520)229-4875 "ttioceow4 Fax: (520)229-4899 d. Professional Liability The Consultant retained by the Town to provide the work or service required by this Contract will maintain Professional Liability insurance covering acts,errors,mistakes and omissions arising out of the work or services performed by the Consultant,or any person employed by the Consultant,with a limit of not less than$1,000,000 each claim. 22. Certificates of Insurance: Prior to commencing work or services under this Contract,Consultant shall furnish the Town with Certificates of Insurance,or formal endorsements as required by the Contract, issued by Consultant's insurer(s), as evidence that policies providing the required coverages,conditions and limits required by this Contract are in full force and effect. In the event any insurance policy(ies)required by this Contract is(are)written on a"claims made"basis,coverage shall extend for two years past completion and acceptance of the Consultant's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract,a renewal certificate must be sent the Town fifteen(15)days prior to the expiration date. 23. Insurance Cancellation and Expiration Notice: Insurance required herein shall not expire,be canceled,or materially changed without thirty(30)days prior written notice to the Town. 24. Independent Consultant: a. General The Consultant acknowledges that all services provided under this Contract are being provided by him/her as an independent consultant,not as an employee or agent of the Town of Oro Valley. ii. Both parties agree that this Contract is nonexclusive and that Consultant is not prohibited from entering into other contracts nor prohibited from practicing his profession elsewhere. b. Liability The Town of Oro Valley shall not be liable for any acts of Consultant outside the scope of authority granted under this Agreement or as the result of Consultant's acts,errors,misconduct,negligence,omissions and intentional acts. ii. To the fullest extent permitted by law,the Consultant shall defend,indemnify and hold harmless the Town, its agents,representatives,officers,directors,officials and employees from and against all claims,damages, losses and expenses(including but not limited to attorney fees,court costs,and the cost of appellate proceedings), relating to,arising out of,or alleged to have resulted from the acts,errors,mistakes,omissions, work or services of the Consultant,its employees,agents,or any tier of subconsultants in the performance of this Contract. Consultant's duty to defend,hold harmless and indemnify the City,its agents, representatives, officers,directors,officials and employees shall arise in connection with any claim,damage, loss or expense that is attributable to bodily injury,sickness,death,or injury to, impairment,or destruction of property including loss of use resulting therefrom,caused by any acts,errors,mistakes,omissions,work or services in the performance of this Contract including any employee of the Consultant or any tier of subconsultant or any other person for whose acts,errors,mistakes,omissions,work or services the Consultant may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. c. Other Benefits The Consultant is an independent consultant,therefore,the Town will not provide the Consultant with health insurance, life insurance,workers'compensation,sick leave,vacation leave,or any other fringe benefits. Further,Consultant acknowledges that he is exempt from coverage of the Comprehensive Benefit and Retirement Act(COBRA). Any such fringe benefits shall be the sole responsibility of Consultant. 7 Town of Oro Valley oho''''LEYA',e- Department of Public Works INTRODUCTION 11000 N. La Canada Dave Oro Valley,Arizona 85737 & BACKGROUND Phone: (520)229-4875 'y -- Fax: (520)229-4899 INTRODUCTION A. Overview of Request for Proposal The Town of Oro Valley(Town)seeks services related to the analysis of a Management Study of the Department of Public Works. A response to the services related to the analysis of the Department of Public Works Management Study, Town intends to contract for the services based on its evaluation of proposals received. B. Structure of the Department of Public Works and its Divisions The department is lead by the Town Engineer which is a position that is required by State Law. The Department is organized into four functional division: engineering,development review,operations and transit. The Engineering Division is responsible for the management of the roadway improvement projects. While most large projects are designed by consultants,the Engineering Division has a small in house design section. This section provides designs for small Town projects. Funding acquisition for roadway improvement is the responsibility of this division. Through the Transportation Improvement Plan of the Pima Association of Governments the Engineering Division secures State and Federal funds. The Development Review Division reviews all development plans, preliminary and final plats, improvement and grading plans for privately constructed commercial and residential projects within the Town. The division issues grading and floodplain use permits for all of the approved projects. The primary emphasis is assuring that projects adhere to all Town codes,standards and policies. The Operations Division is responsible for street maintenance and stormwater management. These services include surface treatments, pavement rehabilitation, traffic signing, pavement markings, drainage repair and maintenance, traffic signals operation and maintenance, (40, developing and maintaining stormwater programs to protect water quality,flood prevention,and maintenance of all Town owned buildings. The Transit Division is responsible for the overall operations of the Public Transit Division and for the FTA drug and alcohol policy and safety and security measures. It is also responsible for contract monitoring of the fixed route system on Oracle Road which is under contract with Sun Tran. Additional responsibilities include procurement, grant writing, transit research and transportation planning.The Transit Division is also responsible for administering funds and implementation of the newly approved Regional Transportation Authorities Transit Elements for f the Town of Oro Valley. i C. Funding-The Public Works Department receives its funding from numerous sources. General Fund—derived from State Share Revenue,Sales Tax&Building Permit Fees. Highway User Revenue Funds (HURF) —Town's entitlement of the state's allocation of a variety of fees and taxes such as gas taxes and vehicle license fees. Three types of HURF: Local HURF, PAG "12.6%", PAG's PDAF Grant. These funds are driven by economy and political climate. Regional Transportation Funds are also available for projects approved in the RTA process. HURF Exchange—The HURF Exchange is an ADOT program whereby STP funds are exchanged for HURF type funds. The exchange rate is 90%or the amount programmed in the PAG TIP. Surface Transportation Program (STP) —Federal Highway Administration Program administered by ADOT Form TEA-21 Legislation.These funds are limited to construction,reconstruction,restoration&operation improvements on collector or arterial roadways. Highway Expansion and Extension Fund (HELP)—The HELP Program is a financing option where Arizona's State Infrastructure Bank Loan bridges the gap between roadway improvement needs and available funds. The projects listed on PAG's TIP are eligible. Oro Valley Town Wide Development Impact Fees—The Oro Valley Town Wide Development Impact Fee or Impact Fee is assessed on new residential development. Improvement Districts—Improvement Districts are mechanisms for communities to fund projects that are"of more than local or ordinary public benefit. They are funded by the sale of bonds. Assessments of bonds are issued to business property owners whereby the improvements address traffic issues that impact ingress&egress to their facility. Stormwater Utility Fund —Funding for this program is provided by a grant from the United States Environmental Protection Agency (EPA) under Section 319 (h) of the Clean Water Act to ADEQ and requires recipients to meet certain federal requirements. Funds derived to low 8 implement a Town's Arizona Pollutant Discharge Elimination System in Oro Valley. Funding for Flood Control Projects can be provided by Pima County Flood Control District. Construction Sales Tax—Funding dedicated for Street Maintenance. Transit—Funded partially by General Funds,LTAF&LTAF II,and minor funding from the FTA through the City of Tucson. 9 Town of Oro Valley o�0 EYaR�o� Department of Public Works SCOPE OF WORK 11000 N.La Canada Drive Oro Valley,Arizona 85737 - =Q` Phone: (520)229-4875 .�:..... `. Fax: (520)229-4899 D. Consultant Services for the Department of Public Works Management Study 1. Structure of Public Works: A. What and where should Public Works be now, 1 year,5 years, 10 years and 20 years? B. What Services and what service levels should we be providing? C. What staff do we need to provide these services? D. How should we be organized? E. What funding level do we need? F. What and How much outside services and outsourcing should we do? G. Review impact of annexations. H. Should we develop a Fleet Maintenance Division for all our Town Vehicles? 2. Performance Review A. Development Review process B. Grading permits/improvement plan process C. Right of wayPermits 9 D. Project design administration E. Construction administration F. Funding strategy procurement/internal and external G. Coyote Run H. Interaction with other Departments I. Operations 1. Street Maintenance 4110 2. Traffic signing 3. Pavement marking 4. Pavement management 5. Drainage 6. Stormwater 7. Facility Maintenance 8. Vehicle fleet maintenance 9. Traffic signals and street lights 10. Safety&Training 3. Strategic Plan Facilitation Assistance to update the Department of Public Works Strategic Plan to align with the Town of Oro Valley 2007 Strategic Plan. General I. Conduct meetings with appropriate Public Works staff to discuss concerns,policies,industry practices or standards,and data requirements. J. Prior to each analysis,prepare a formal list of data requirements Public Works staff is to provide the consultant and submit the list to staff. K. The Consultant shall provide outlines and drafts to Public Works staff for review and comment and shall make revisions mutually agreed to in the draft and final version of the management study report including an implementation plan(We are requesting emphasis being placed on implementation and a step by step process to follow. We are also requesting the consultant to identify within the recommendations where the responsibility of the implementation falls.) L. At the end of the analysis and review process,provide a final report to the Public Works staff(up to 25 copies)detailing the analysis and its results. This report may become the report that is provided for public review. M. In addition,the Consultant may be requested to perform education/outreach efforts for members of Town Council, Public Works staff,and any other interested parties. This could involve three 2-hour presentations for a total of six hours. Public Works staff and the Consultant shall mutually agree to the seminar topics,but the Consultant shall have total responsibility for preparing all related material and conducting the education/outreach effort. Additional meetings may be required at the direction of Public Works staff. The Consultant shall provide outlines and drafts of the relevant material to Public Works staff for review and comment and shall Now 10 make revisions mutually agreed to before conducting the education/outreach effort. (The presentations include 1)Briefing to Employees—followed by 2)Study Session on the same day and 3)Council Presentation at a later date. 11 Town of Oro Valley • ,,r� aR�o Department of Public Works ° } SCOPE OF WORK 11000 N.La Canada Drive Oro Valley,Arizona 85737 Phone: (520)229-4875 D Fax: (520)229-4899 E. Available Information and Reports a. Upon request,the following reports are available in hard copy for review: 1. Town-wide Impact Fees 2. Streets and Subdivision Standards 3. Paving&Grading Notes 4. Transit 5. Staffing Projections Study 6. Strategic Financial Plan for Road Projects 7. Drainage Criteria Manual 8. Revised Flood Plan Ordinance 9. Town Wide Drainage Study 10. Town of Oro Valley Pedestrian&Bicycle Plan 11. Oro Valley Bicycle Route Feasibility Study 12. Enhanced Bike and Pedestrian Crossings 13. Town of Oro Valley Travel Demand Model Documentation 14. Evaluation of ADOT reported Traffic Accidents on the Town of Oro Valley Street System(1997-1999( 15. Traffic Calming Report 16. Oro Valley Transit Opportunities 2000-2010 17. Transit Development Plan 2003-2012 18. Traffic Signal Warrants Analysis and Signal Installation Planning Study 19. Town code 20. Zoning Code 21. Town Wide Space Needs Study The above documents may be reviewed in the Development Services Hopi Conference Room and/or may be checked out for a period of time not to exceed 48 hours. b. A pre-proposal meeting will be conducted on Wednesday,December 13,2006 at 10:00 a.m.the Development Services Hopi Conference Room, 11000 N.La Canada Drive,Oro Valley,AZ Individual meetings with prospective Consultants will not be conducted. E. Finalizing Scope of Work As part of the negotiations the scope of work will be reviewed and finalized by the Town and the Consultant. I " 12 o_EY 5 ` , � r .111 111, 4 .. _ .5 �' •- ....G . , r_ 14111 , r )i/NMM~,dlk. TOWN OF ORO VALLEY DEPARTMENT— 11,000 North La Canada Drive ORO VALLEY, ARIZONA 85737 (520) 229- CONTRACT FOR PROFESSIONAL SERVICES PROJECT TITLE: PROJECT NO.: OV- This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation(the"Town") and (the"Consultant"). WITNESSETH: WHEREAS, the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Code to execute contracts for Professional Services. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Consultant as follows: SECTION I—DESCRIPTION OF PROJECT/SCOPE OF WORK See Exhibit"A", description/scope of work from dated , 20 SECTION II—PAYMENT SCHEDULE The negotiated fee process was utilized for this contract. For services described in Section I of this Contract, the Town shall pay the fee as negotiated in the amount of (S ). Payment shall be made monthly on the basis of progress reports. Consultant must provide a F:\FormsPPES-Construction-Bid\Current standard contracts\Eng Contract Prof Services.doc Revised 03/08/07 clear, detailed invoice reflecting items being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within the project with backup support tiotier documentation. Work schedule updates will be included in the monthly progress payment reports. SECTION III—PERIOD OF SERVICE Following receipt of a Notice to Proceed with the work,the Consultant shall complete all services described in Section I within calendar days after Notice to Proceed is issued by the Town. In the event delays are experienced beyond the control of the Consultant, the completion date may be extended by mutual written agreement between the Town and the Consultant. SECTION W—APPROVALS All work shall be subject to approval by or his/her designee. Consultant agrees to exercise the skill and care which would be exercised by professional engineers performing similar services at the time and in the locality. If failure to meet these standards results in faulty work, Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION V—INDEMNIFICATION The Consultant agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the and/or his/her designee, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature arising out of the Consultant's negligence or any subcontractor employed by the Consultant (including bodily injury and death) or damages to any property or any other losses, claims, suits,demands, and/or expenses, arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or Y emP to ees. The amount and type of insurance coverage requirements set forth in Section VII will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VI—REPORTING Written monthly reports, together with updated work schedules, will be made by the Consultant in the format prescribed by the Town. These reports will be delivered to the Town no later than the fifth day of each month. When requested by the Town, the Consultant will attend Council meetings and provide finished documents including correspondence, supporting charts, graphs,drawings and colored slides for Council action. SECTION VII— INSURANCE See Attachment A SECTION VIII —AMENDMENTS Whenever a change in the scope of work is determined to be necessary, the work will be performed in accordance with the Contract provided. Before a change in the scope of work is implemented,a Change Order(s)shall be executed by the Town and the Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Consultant may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Consultant will be allowed by the Town except as provided,nor shall the Consultant do any work not covered by this Contract unless the work is authorized through a Change Order and signed by both Parties PRIOR to starting any additional work. All additional work, when authorized by executed Change Order(s),shall be compensated for by a fee as mutually agreed upon by the Town and the Consultant. The aggregate total of any Change Order(s)shall not exceed 20%of the original Contract unless specifically authorized bythe Town Council in writing. g 2 TIME IS OF THE ESSENCE for this Contract. When the Consultant submits a request for additional time for which work must be completed in a contract, a Contract Change Order must be initiated outlining the reason for applying for the extension and provide the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the Town and the Consultant, it binds the Consultant to complete the work bythe extended date designated in the Contract `4 p � Change Order. The Town can then file suit against the Consultant if the work is not completed by the agreed upon date. If there is more than one extension agreed to, each extension must follow the same procedure. SECTION IX—TERMINATION The Town and the Consultant agree to the full performance of the covenants in this Contract, except that the Town reserves the right, at its discretion,to terminate or abandon the service provided for in this Contract or terminate or abandon any portion of the project for which services have been performed by the Consultant as follows: A. In the event that the Town terminates or abandons the services or any part of the services provided,the Town shall notify the Consultant in writing and, immediately after receiving such notice, the Consultant shall discontinue advancing the work under this Contract and shall proceed to close operations. B. Upon termination or abandonment, the Consultant shall deliver to the Town all drawings, notes, calculations, sketches and other materials entirely or partially completed, together with all unused materials supplied by the Town. C. The Consultant shall apprise the work he has completed and submit his appraisal to the Town for evaluation. D. The Consultant shall receive as compensation for services performed through the date of such termination or abandonment, a fee for the percentage of work actually completed. This fee shall be a percentage of the Consultant fee described in this Contract under Section II and shall be in the amount mutually agreed to between the Consultant and the Town. The Town shall make this final payment within sixty(60)days after the Consultant has delivered the last of the partially completed items. SECTION X—LIQUIDATED DAMAGES If the work to be performed by the Consultant under Section I of this Contract is not timely completed, the Consultant shall pay to the Town$ as liquidated damages for each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the Town would sustain. The scheduled completion date for terminating liability for liquidated damages shall be consecutive days from the effective date of Town's Notice to Proceed to Consultant, subject to Section XI—Force Majeure. For the purpose of determining applicability of liquidated damages(Section X),completion time shall be extended only if delay in completion of the work by the Consultant results from an unforeseeable cause beyond the control and without the fault or negligence of the Consultant. SECTION XI—FORCE MAJEURE Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any Party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such Party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING by both Parties. 3 , SECTION XII—ARBITRATION OF DISPUTES Any disputearising under this contract that is not settled by the Town and the Consultant may, upon mutual agreement of the parties, be decided byan Arbitration Board composed of a representative of the Town,a representative of a representative acce table to the Town and the Consultant. The Town,however,reserves its the Consultant andmutually P rights as set forth in Arizona Revised Statutes,Title 12. The Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this Section. Nothing herein shall be deemed to requireP arbitration except at the Town's discretion. The laws of the State of Arizona shall apply to this Contract, and the Consultantgre subject agrees to the subject itself to the jurisdiction of the Courts of the State of Arizona for any conflict that arises from the terms of this Contract. SECTION XIII—OWNERSHIP OF DOCUMENTS All documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis sis and studies which are prepared in the performance of this Contract are to remain the g property of the Town. The Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. The Consultant shall endorse by his professional seal all plans P P and engineering data furnished by him. SECTION XIV—NO KICK-BACK CERTIFICATION The Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understandingfor a commission, percentage, brokerage or contingent fee; and that no member of the gr' Town Council or any employee of the Town has an interest,financial or otherwise,in the Consultant firm. For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage,brokerage or contingent fee. Nittaire SECTION XV--CONFLICT OF INTEREST This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, withouttY enal or further obligation, made by the state, its political subdivisions, or any of the departments or P an agencies of either if person significantly involved in initiating, negotiating, securing, drafting or creating the g Y Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect,an employee or agent of any other party to the Contract in any capacity or a Consultant to any other party to the Contract with respect to the subject matter of the Contract. P SECTION XVI—ASSIGNMENT This Contract shall not be assignable except at the written consent of the Parties, and it shall extend to and be binding upon the heirs,executors,administrators, successors,and assigns of the Parties. The Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Consultant in performing the assignment by testifying to the progress of the work as may be required. SECTION XVII-ENTIRE CONTRACT This is the entire Contract between the Parties. If any portion(s)of this Contract is(are)later found to be invalid or unenforceable, suchPo rtion(s) shall be null and void and without any effect on the rest of the Contract which shall I continue in full force and effect. 4 I IN WITNESS WHEREOF, the parties have hereunto subscribed their names this day of 11 , 20 TOWN OF ORO VALLEY: CONSULTANT: By: By: Mayor Paul Loomis President Date: Date: By: By: Town Engineer Secretary Date: Date: ATTEST: WITNESS(If Individual or Partnership) Kathryn E. Cuvelier,Town Clerk Date: APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Date: SIGNING INSTRUCTION TO THE CONSULTANT: ALL SIGNATURES MUST BE NOTARIZED. In the event that the contracting firm is a corporation, the president and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. State of Arizona ) ) ss. County of ) SUBSCRIBED AND SWORN before me this day of , 20 by , who is known to me or has satisfactorily been identified as the , and by who is known to me or has satisfactorily been identified as the , both as duly authorized agents to sign on behalf of to bind and obligate the Consultant. Notary My Commission Expires: 5 ATTACHMENT A INSURANCE The Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The Consultant shall provide satisfactory certificates on the required insurance coverage before beginning work. All policies shall contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five(5)workdays prior to expiration date. Each certificate shall include project description,project number and the signed acknowledgement of the insurance company. The Town of Oro Valley shall be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract,it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. New In regard to Professional Liability, Consultant agrees to indemnify,defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or of any subcontractor employed by the Consultant(including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the Consultant for the work performed. Consultant agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the Consultant. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General,Automobile,and Excess Liability,the Consultant agrees to indemnify,defend and save harmless the Town of Oro Valley,its Mayor and Council,appointed boards and commissions,officials,officers,employees,individually and collectively from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or any subcontractor employed by the Consultant(including bodily injury and death)or damages to any property,arising or alleged to have arisen out of the negligent performance of the Consultant for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. 111111 6 CONSULTING FIRM: PROFESSIONALS REGISTERED IN THE STATE OF ARIZONA(IN-HOUSE) In the space provided below, list name, major field of expertise, and professional registration number for all in- house Architects, Landscape Architects, Engineers, and Land Surveyors registered in the State of Arizona on your staff as of 5/02. Enter total number of Arizona Registrants listed below: (For additional space use reverse side.) NAME FIELD REGIS.NO. 7 1_, The Mereer ‘Lr I Aar eirEtag Consultants to Management 551 West Cordova Road Suite 726 Santa Fe,New Mexico 87505 Phone 505-466-9500 Fax 505-466-1274 merceretmindpsring.com www.ntercergyoupinc.com January 16, 2007 Mr. Craig Civalier Town Engineer Town of Oro Valley Department of Public Works 11000 N. La Canada Drive Oro Valley, Arizona 85737 Dear Mr. Civalier: pleasedtow topresent our proposal to conduct a Management Study of The Mercer Group, Inc. is p p the Department of Public Works. Structure of the Proposal Town's RFP issued in December of 2006, the minutes of the Pre- ProposalOur proposal is based on the 13, 2007, and Addendum #1 of December 18, 2006. Our Meeting on December proposal includes the following proposal chapters: I. APPROACH AND WORK PLAN H. MERCER GROUP QUALIFICATIONS III. COST PROPOSAL Additional information on The Mercer Group is provided in a series of attachments: A. PROJECT AND CLIENT LISTS B. RESUMES OF PROPOSED PROJECT STAFF Mr. Craig Civalier January 16, 2007 Page 2 overview of our Qualifications re People, Pro'ects, Tools, Commitment, and Independence: The Strengths of our Firm a p � J of experience➢ PEOPLE: Our consulting team averages 25years p both as local ' consultants to thepublic sector. Technical skills of the team government officials and as includeing,governmental management andoperations;strategic planning; and engineering,11 Arizona • utility management. We believe the project team holds a public works, and utility g conduct this project. Key members of our consulting team are: licenses required to ' President/CEO, has Jim Mercer, the Mercer Group's worked in the public sector ' 250 management studies and over 500 executive for over 3 0 years, conducting over g recruitment assignments. He started his career as an Assistant City Manager in Raleigh, understanding Carolina, and has a deep unde g of local government. Mr. Mercer is responsible for the quality of our projects, as well as contractual and legal matters. Jim will review the DPW Transit Division. Steve Egan, a Mercer Senior Vice-President, will serve as the project manager for the Operations Division. He is a former local government and the primary consultant p projects over ' worked on over 130 other public sector consulting proj e budget official and has _ • 1 completed a 2+ years of service as thepast twenty-five years. In addition, he recently p yhe interim public works and utility director for t Cityof Highland bland Park, Michigan, a g distressed city of f 17,000-population inset in the north side of Detroit. Harold Gorman: A Mercer Senior Vice-President, Hal is the former general and Sewerage Board, as well as Director of Public manager of the New Orleans Waterg Works and Director of Permits and Safetyfor the City. Hal will assist Ron Jensen on the review of the Engineering iin Division and Steve on the review of stormwater issues. g Ron Jensen: A Group Senior Vice-President and co-director of our Arizona Works in Phoenix, Arizona, and Office, Ron is the former Director of Public the father of ' Ron will review the Engineering Division and provide input to our Managed Competition. review of DPW planning, management, and operations. overall Roy Pederson, a Mercer Group Senior Vice-President and co-director of our • former countyadministrator for Maricopa County and city manager Arizona Office, is the inserved as president of the International City-County Management . Scottsdale. Roy Association (ICMA).• Roy will review the DPW Development Review Division. Mr. Craig Civalier January 16, 2007 Page 3 PROJECTS. Our firm • has extensive consulting experience with local governments across ➢ the US on over 100 engineering, public works, and utility studies. Recent projects are: • Authority: Management and Organizational Birmingham, Alabama, Transit ry Plannin study and Strategic g process. Management and Operations review of parks, planning, Bloomfield, New Mexico: Mana g p public works, and utilities for this 7,500-population city in the Four Corners area. Bowling Green, Kentucky: Management and Operations study. Corpus Christi • , Texas: Citywide operations ide o erations study included the Transit System. • Egan served as interim public works and Highland Park, Michigan. Steve g utilities director for this 17,000-population cityinset in the northern part of Detroit. Las Cruces,New Mexico: Development of a Utilities Governance Plan. %low • Management and Operations studies of the Milwaukee, Wisconsin: Ma ag p • and Water Works Divisions of the Public Works tion Engineering,, Forestry, - Administra gm g . organization study, team building, and reengineering assistance. Department, agency-wide g Y • Arizona: of a Management Organization Plan for the Phoenix, Development g Development Services Department. • Water Services: A series of comprehensive management St. Paul, Minnesota, . . three years that covered all functions of the utility. and operations studies overree Santa Barbara County, CA: DPW Organizational Analysis. Service Z. studyfor the Municipal Services, Planning, Scottsdale, Arizona: Cost of an Internal Service Fund Administration study. and Transportation Departments and p Operations Spokane, Washington: Management andp study of the Water and p Hydroelectric Services Department. University Park, Texas: DPW Management and Operations study. Management and Operations Waterbury, Connecticut: study of the 190-person g communityoperating under State control. DPW Department for this fiscally distressed p Mr. Craig Civalier January 16, 2007 Page 4 I Far West Clients: The Mercer Group and/or its associated consultants have conducted strategic planning, organization and staffing, operations improvement, human resource management, and executive search projects for the following cities and counties in Arizona, California, Colorado, Nevada, and other western states: • University of Arizona: Strategic Planning • Aurora, CO: Strategic Planning • Albuquerque, NM: Engineering Organization • Beverly Hills, CA: Classification and Compensation • Bloomfield, NM: Management and Organizational • Boulder, CO: Administrative Services • Cal Poly-SanObispo:Luis Obis o: Strategic Planning • Colorado Springs, CO: Management of utility functions • El Segundo, CA: Executive Recruitment • Encinitas, CA: Executive Recruitment • Henderson, NV: Executive Recruitment • Jackson,WY: Classification and Compensation • Las Cruces, NM: Utility Governance • Long Beach, CA: Fire Technology y • Los Angeles, CA: Executive Recruitment • Los Cruces, NM: Water Utility Governance Model • Oxnard, CA: Executive Recruitment • University of Nevada-Reno: Strategic Planning • Pasadena, CA: Information Systems, Executive Recruitment • Phoenix, AZ: Executive Recruitment, DSD Organization • Pierce County, WA: Transit Strategic Planning • Reno, NV: Executive Recruitment • San Jose, CA: Strategic Planning, Executive Recruitment • San Diego, CA: Executive Recruitment • San Mateo, CA: Executive Recruitment • Santa Barbara County, CA: Public Works Organization • Scottsdale, AZ: Cost of Service and Internal Service Fund Administration 0 • Sparks, NV: Productivity and Compensation • Spokane, WA: Water and Hydroelectric Department • Spokane County, WA: Managed Competition Assessment ii • Thornton, CO: Strategic Planning PI • West Hollywood, CA: Executive Recruitment Mr. Craig Civalier January 16, 2007 Page 5 ➢ TOOLS: We have a set of project-tested analytical methods, surveys, questionnaires, interview guides, and other tools to develop recommendations that provide long-term benefit to our clients. ➢ COMMITMENT: Our project team is devoted exclusively to improving the management and services of state and local governments. As former local government officials, we have been studied ourselves and are committed to preparingreport that is lal—r,Tractical, and implementable. ➢ INDEPENDENCE: Our firm is a professional consulting firm that is not connected to any Arizona agencies, businesses, computer systems or services vendors, suppliers, or contractors. We will provide objective and independent recommendations. Thank you for the opportunity to propose on this important project. If you have any questions or I LIP require additional information regarding our proposal, please call me at 770-425-1775 at email me at steveegan@aol.com. Very truly yours, THE MERCER GROUP, INC. James L. Mercer, President and CEO (Project Director) Stephen D. Egan, Jr., Senior Vice-President (Project Manager) M III. COST PROPOSAL Based on our understanding of the project's objectives, scope, issues list, work plan, and deliverables defined earlier in the proposal, our total fees and expenses for this project will be $44,100. • Professional Fees of $35,100 are based on an estimate of 260 hours of work at an average billing rate of$135. > Expenses, which are included in the total cost proposal, amount to $9,000 (about 25% of professional fees) for travel, report production, survey licensing and processing, administrative support, and the like. Our cost proposal is open to negotiation based on our improved understanding of the scope and depth of your needs, and an associated fine-tuning of our project budget. This quotation is firm for a period of 90 days from the date of this proposal and is based on the budgeted hours for the proposed project team at each member's hourly billing rate, plus expenses (travel, hotel, meals, administrative support, etc.), less discount. Rate Structure The budget is developed based on the following hourly billing rates for our professional staff: Project Director $150 Project Manager $140 Consultants $130 Any supplemental work by the project team would be billed at the above quoted hourly rates. Billing We propose to submit bills as follows: > Kickoff: 10% of the total cost at project initiation. > Progress: Monthly progress bills based on actual fees and expenses for a total of an additional 80% of the total project cost. > Final: A final bill for the remaining 10% of the project budget upon delivery of the final report. The Mercer Group,Inc. 30 Proposal Oro Valley,Arizona 4)11:' ' );11* _ " r. The er Group Inc. , _. , ,v;. -_,,,,,,, . .-7.„ ar... Consultants to Management 551 West Cordova Road,Suite 726 Santa Fe,New Mexico 87505 Phone 505-466-9500 Fax 505-466-1274 mercer(jmindpsring.com www.mercer, rqupjilc.cOt a March 13,2007 Mr. Craig Civalier Town Engineer Town of Oro Valley Department of Public Works 11000 N. La Canada Drive I 11000 Oro Valley,Arizona 85737 Dear Mr. Civalier: The Mercer Group, Inc. is pleased to submit this amendment to our proposal of January 16, 2007, to conduct a DPW Management Study. The amendment clarifies and expands on two items discussed at our planning meeting on March 8, 2007 — final presentations and strategic planning assistance. A revised Cost Proposal section of the original g proposal also is enclosed. Final Presentations We will make two final presentations once our final report is submitted: 1. DPW staff(2PM) and Town Council (5:30PM work session) • 2. Town Council (7PM at a regular meeting) These meetings are included in our original scope of work and bid price. Mr. Craig Civilier March 13,2007 Page 2 DPW Strategic Planning Assistance Once the DPW Management Study is completed, Mercer will work with DPW managers to develop a department-level strategic plan that builds on the Town's 2007 Strategic Plan(Draft 4—February 15, 2007) and the vision statement in the General Plan. The Work Plan for this task includes: 1. Departmental Meeting: Jim Mercer and Steve Egan will meet with DPW • managers and supervisors to develop or refine the mission statement, vision, values, strategies, goals, objectives, and performance measures. (On Site Day 1 — all day) 2. Divisional Meetings: Steve Egan will meet with division managers and supervisors to develop supplementary goals, objectives, and performance measures. (On Site Day 2--90 minutes per division) 3. Draft Report: Steve Egan will write up a draft of the strategic plan. (Off Site — 8 hours) Ng) 4. Review Report: Steve Egan will meet with the DPW management team to review the draft Strategic Plan. (On Site— 1/2 day estimated) 5. Final Report: Steve Egan will finalize the Strategic Plan and send ten bound copies,plus an unbound master copy,to DPW. (Off Site— V2 day) Based on 40 hours of work at $135 per hour and three trips to Oro Valley at $500 each, the Cost to prepare the Strategic Plan will be $6,900. If you have any questions or need additional information, please contact Steve Egan, our project manager, at 770-425-1775 or steveegan@aol.com. Very truly yours: the Mercer Group , Inc . HE IVIERCER TIZO C, INC. James L. Mercer, President and CEO (Project Director) Stephen D. Egan,Jr., Senior Vice-President(Project Manager) sED cosi PROPOSAL III. RE yT Based on our understanding ofthe project's roj ect's objectives, scope, issues list, work plan, and deliverables defined earlier in the proposal and our discussions on March 8, 2007, our total fees and expenses for this project will be $51,000. > Professional Fees of $40,500 are based on an estimate of 300 hours of work at an average billing rate of$135. ➢ Expenses, which are included in the total cost proposal, amount to $10,500 (about 25% of ) fessional fees) for travel, report production, survey licensing and processing, P administrative support, and the like. Our cost open osaro l is to negotiation based on our improved understanding of the scope and p p depth of your needs, and an associated fine-tuning of our project budget. Thisquotation is firm fora period of 90 days from the date of this proposal and is based on the budgeted hours for the proposed project team at each member's hourly billing rate, plus expenses g (travel,hotel,meals, administrative support, etc.), less discount. %Of Rate Structure The p budget is developed based on the following hourly billing rates for our professional staff: g Project Director $150 Project Manager $140 Consultants $130 Any supplemental lemental work by the project team would be billed at the above quoted hourly rates. Billing We propose to submit bills as follows: ➢ Kickoff: 10% of the total cost at project initiation. > Yprogress Pro ress: Monthl bills based on actual fees and expenses for a total of an Progress: additional 80% of the total project cost. > Final: A final bill for the remaining �(l�� of♦� project budget upon delivery of the final A 1 0/l� the final report. The Mercer Group,Inc. 30 Proposal Oro Valley,Arizona TOWN OF ORO VALLEY, ARIZONA Public Works Management Study Presentation THE MERCER GROUP, INC. February 26, 2007 I. ABOUT THE MERCER GROUP 1. Proposal Reference: We provide an overview of the Mercer Group in the brochure accompanying this presentation, the cover letter to the proposal and RFP-required forms, and Pages 18-20 of the proposal. 2. History: The Mercer Group, Inc. is a management consulting firm that is incorporated in Georgia, with branch offices in eleven US cities. The firm was founded in 1990 as a continuation of Jim Mercer's 30-year management consulting practice. We operate as a Consortium Model firm. 3. Focus: Almost all of our clients are state and local governments, but we serve some private sector clients as well. 4. Practice Areas: Our consulting practice ce includes (Stevethese services Egan'san's primary practice areas are bolded below): • Strategic Planning • Governmental Organization and Service Delivery Structure • Management and Organizational Improvement, with extensive public works and utility experience • Financial, Budget, and Resource Management • Compensation and Classification • Executive Search 5. Projects: Our staff has performed over 500 state and local government management and operations improvement consulting projects for 400 different clients. 6. Resources:. Our 19-person firm offers an independent and objective team of consulting professionals that is: • Very senior and experienced with an average of 30 years in consulting and/or governmental management. • Diverse with skills in governmental management, engineering, public works, utilities, finance and budget, and human resource management. • Supplemented by associated specialists in planning and zoning, community development, solid waste management, privatization and managed competition, information systems, financial management, and other government services. 1 II. QUALIFICATIONS 1. Proposal Reference: Our qualifications are summarized in the Cover Letter and presented in more detail on Pages 24-29 of the proposal, as well as in Attachment A (Qualifications Statement) and Attachment B (Resumes). 2. Highlighted Projects: Representative of over 100 projects in Public Works and Utilities are: • Birmingham, Alabama (Transit) • Cobb County, Georgia (Transit) • Bloomfield, New Mexico (Parks, Public Works, Utilities) • Bowling Green, Kentucky (Public Works, Regional Water System) • Concord, New Hampshire (Fleet) • Highland Park, Michigan (Public Works,Utilities) • Las Cruces, New Mexico (Utilities) • State of Maine (Fleet Fund administration and rates) • Milwaukee,Wisconsin (nine projects in DPW since 1990) • Mountain Brook, Alabama (Public Works, Utilities) • Needham, Massachusetts (Public Works, Utilities) • New Rochelle, New York (Parking Management and Marina privatization evaluation process) • Northern Maine Development Commission (All municipal-type services) • Phoenix, Arizona (Development Services) 'M • Santa Barbara County, California (Department organization) • St. Paul, Minnesota, Regional Water Utility • Sparks, Nevada (Public Works) • Spokane,Washington (Water and Hydroelectric) • University Park, Texas (Public Works) • Waterbury, Connecticut(Parks, Public Works) • West Des Moines, Iowa(Public Works) 3. References: We provide several references in the proposal. Please call them to confirm our dedication to client service and satisfaction. 2 III. MANAGEMENT AND STAFFING1 1. Proposal Reference: We describe our management and staffing plan in the cover letter and on Pages 22-23 of the proposal. Resumes are provided in Attachment B to the proposal. 2. The Mercer Group Project Team: • Former local government managers in Budget and Finance, Engineering, Public Works, and Utilities • Two long-time residents of Arizona with exemplary careers in local government • Significant personal, not just corporate, experience in planning, managing, and delivering local government services, as well as consulting work to improve performance • Jim Mercer wrote the books on strategic planning, management, operations, and resource management in the public sector. 3. Team Members: Our senior, experienced Mercer team includes: • Jim Mercer(Project Director) • Steve Egan(Project Manager and Consultant) • Hal Gorman(Engineering, Construction Management, Stormwater) • Ron Jensen(Engineering, Sold Waste,Public Works Management) • Roy Pederson(Development Reviews) -- -. With perhaps the exception of Hal, all team members will spend time on site in Oro Valley. 4. Client Responsibilities: We will ask you to: • Appoint a project liaison • Form a project steering committee • Assist in factfinding through meetings, gathering documents, preparing a preliminary inventory of hardware and software • Review draft deliverables 5. We view the consultant and the client as a TEAM! Now 3 IV. UNDERSTANDING OF THE PROJECT 1. Proposal Reference: We state our understanding of and approach to the study on Pages 1-17 of our proposal. 2. Scope: The study covers a variety of RFP-defined issues relating to the Department of Public Works. In addition, we will cover all of our 50 Management Issues. 3. Approach: We approach this project with: • An experienced team averaging 30 years in the public sector. • A participative approach that involves a broad range of policymakers, managers, supervisors, technical staff, and departmental staff. • A structured work plan based on many other projects. • Tested tools and methods, including several surveys. 4. Work Plan: Our work plan, which is described on Pages 12-16, includes: • Five major tasks that systematically progress to a final product: Kickoff, Fact Finding, Analysis and Draft Report, Management Review, and Final Report. • Subtasks that focus on your specific issues, as well as solicit input from policymakers, directors, managers, supervisors, and staff. 5. Schedule: Our proposed project schedule on Page 17: Nri) • Totals sixteen weeks from kickoff to final report. • Anticipates a start in April. • Relies on your availability during fact finding and for the review of draft deliverables. 6. Deliverables: The products of the study include periodic status reports to the Steering Committee, written draft and final reports, and a final presentation to the Town Council. 4 V. WHY SELECT MERCER? 1. We're Different: We combine a depth and breadth of personal experience in governmental, engineering, public works, and utility management that even the largest consulting firms cannot match. 2. What You See Is What You Get: Steve will be a primary consultant. I am here not just to sell the project, but to do it as well! 3. Team Experience: Each of us has 30+ years of public sector experience as government officials and/or consultants to governments. 4. Consulting Track Record: A total of over 1,500 projects across all of our consulting specialties in the past twenty-five years shows we have: • Staying power • Technical skills you need • Deep understanding of local government • Ability to satisfy our clients 5. Resources and Time to Do It: We have skilled people available and ready to 416 conduct the project. 6. Commitment to Do It Right! Our references will attest to our ability to exceed their expectations. 7. A Bias for ANION and IMPLEMENTATION, not for a study that gathers dust of a shelf! All members of the consulting team have worked in government and are committed to making the public sector more efficient and effective! Steve's Budget Office was studied when he was with Fulton County. • 5 fs .4._ TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 4, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: Resolution No. (R)07-49 Making that Document Entitled "The 2007 Amendments to the Tax Code of the Town of Oro Valley, Arizona" a Public Record SUMMARY: The League of Cities and Towns coordinates amendments to the Model Cities Tax Code to conform with state law. The most recent amendments to the Tax Code were approved at the September 2006 meetingof the Municipal Tax Code Commission, and encompass a combination of changes to state p statute as well as matching the state's imposition of tax on hotels and motels. All of these amendments are designed to reflect recent changes to make compliance with the tax code easier for 1 businesses. More specifically, the 2007 Tax Code Amendments relating to the hotel industry reflect several exemptions introduced in recent years into state statute and to clarify tax treatment of all income at a p el roe so that the hotel can properly collect tax from customers by knowing in advance how `got property rty Lhe income would be taxed. The attached resolution makes the amendments a public record. ATTACHMENTS: 1. Resolution No. (R) 07-49 2. Summary of Proposed 2007 Model City Tax Code Changes 3. The 2007 Amendments to the Tax Code of the Town of Oro Valley RECOMMENDATION: I recommend adoption of Resolution No. 07-49 making that document entitled "The 2007 Amendments to the Tax Code of the Town of Oro Valley, Arizona" a public record. SUGGESTED MOTION: I move to adopt Resolution No. 07-49 making that document entitled "The 2007 Amendments to the Tax Code of Town of Oro Valley, Arizona" a public record. G:\STACEY\Council Communic\07 Tax Code Amend Communication.doc TOWN OF ORO VALLEY ja"---7-1 COUNCIL COMMUNICATION PAGE 2 OF 2 A/ea, 1--il 1,6 e g Stacey Lemo Finance Dire or aii, David L. Andrews Town Manager G:\STACEY\Council Communic\07 Tax Code Amend Communication.doc RESOLUTION NO. (R)07-49 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "THE 2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA". BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That certain document entitled "THE 2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA", three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 21St day of April, 2007. TOWN OF ORO VALLEY, ARIZONA 444i. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, CMC, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Proposed Model City Tax Code (MCTC) Changes Related to the Hotel Industry The MCTC changes related to the hotel industry reflect several exemptions introduced in recent years into state statute and to otherwise generally match the state's imposition of tax on hotels and motels. This has been done to jointly implement a tax ruling issued by the Arizona Department of Revenue for the hotel and motel industry. The ruling is the result of a long-term project involving the state, the cities and most importantly, the hotel industry. The ruling has been needed by hotels to clarify tax treatment of all income at a hotel property so that the hotel can properly collect tax from customers by knowing in advance how the income would be taxed. The MCTC changes will match the state tax treatment in almost all areas of hotel income. Those differences are clearly highlighted in the ruling. Under both state statute and the MCTC, when the state statutes and the MCTC are the same and the Arizona Department of Revenue has issued written guidance, the Department's interpretation is binding on cities and towns. Extensive statewide training of industry and government employees will take place in September and October 2006 prior to the January 1, 2007 effective date of the ruling. The MCTC changes will also be adopted by Arizona cities and towns to be effective January 1, 2007. Proposed Model City Tax Code (MCTC) Changes To Conform with 2006 Statutory Preemptions The state legislature made changes in the 2006 General Session to A.R.S. § 42- 6004, which lists privilege (sales) tax preemptions for cities and towns. MCTC changes are introduced to conform to these changes. One bill, HB 2132, precludes a tax on the private operator of rides for the portion of amusement ride ticket sales at the State Fair retained by the State Fair Board, retroactive to July 1, 1999. The same bill also changed the sunset provisions for income from a contract to construct a lake facility development. SB 1068 prohibits the cities and towns from taxing development or impact fees that are included in a construction or development contract as of September 1, 2006. Proposed Model City Tax Code (MCTC) Housekeeping Changes Several changes are proposed to correct state statutory references that have changed or to eliminate references to statutes that no longer exist. Other technical changes are proposed for any inconsistent language or structure within the MCTC sections that required statutory reference changes. OUTLINE OF PROPOSED CHANGES TO MODEL CITY TAX CODE (MCTC) TO CONFORM TO STATE STATUTES PRIMARILY RELATED TO HOTELS • Section 100, definition added for"Transient" —word for word from A.R.S. § 42- 5070(F), moved from Sections 444 and 447 and Regulation 310.3 (green page) because it is used in multiple sections of the MCTC. • Subsection 410(b)—moves former (b) to (b)(1). • Subsection 410(b)(2)—added from A.R.S. § 42-5073(B)(4) to exempt income received from a hotel if the hotel will report the amusement income. • Subsection 410(b)(3)—added from A.R.S. § 42-5073(B)(5)(a)to exempt income that is taxable under another category for another business. • Subsection 410(b)(4) —added from A.R.S. § 42-5073(B)(5)(b)to exempt transportation arranged by an amusement business. • Subsection 410(c)—added from A.R.S. § 42-5073(A)(10)to exempt arranging amusement by businesses not in the amusement business. • Subsection 444(a)—combines former(a) and (b) into (a), with reference to Model Option#6. Change from an"option" in subsection (a) that was not a Model or Local Option, but would only be chosen by Model Option 6 cities. • Subsection 444(b)—moves former (c) to (b)(1). • Subsection 444(b)(2)—added from A.R.S. § 42-5070(C)(1) to exempt income that is taxable under another category for another business. • Subsection 444(b)(3)—added from A.R.S. § 42-5070(D)(1) to exempt income from activities not limited to hotel guests and exempt from tax if received by a non-hotel business. • Subsection 444(b)(4)—added from A.R.S. § 42-5070(D)(2) to exempt income from activities not limited to hotel guests and exempt from tax if received by an amusement or transportation business due to an exclusion, exemption or deduction. • Subsection 444(b)(5)—added from A.R.S. § 42-5070(D)(3) to clarify that income from commissions is not taxable under this section. This exclusion also provides that income from commissions may be taxable under Sections 445 or 450. • Subsection 444(b)(6)—added to clarify that income from telecommunications activity is taxable under Section 470. • Subsection 447—deletes definition of"transient" now in Section 100. • Subsection 470(a)(2)(E) —added to clarify that income received by hotels from telecommunications activity is taxable under this section. law September 2006 • Subsection 475(0(1)—added from A.R.S. § 42-5062(B)(2) to exempt income that is taxable under another category for another business. • Subsection 475(0(2)—added from A.R.S. § 42-5062(B)(3) to exempt income from arranging amusement or transportation from the tax on transportation to the extent paid to an amusement or transportation business. • Subsection 475(g)—added from A.R.S. § 42-5062(A)(6) to exempt arranging transportation by businesses not in the transportation business. • Regulation 310.3 (green pages for Phoenix, Scottsdale and Chandler only)—deletes definition of"transient" now in Section 100. • Regulation 447.1 —deletes Regulation no longer needed; covered in State TPR and matrix. • MCTC changes—Hotel September 2006 Page 2 2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY Section 1. Section 8A-100 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-100. General definitions. For the purposes of this Chapter, the following definitions apply: "Assembler"means a person who unites or combines products,wares,or articles of manufacture so as to produce a change in form or substance of such items without changing or altering component parts. "Broker"means any person engaged or continuing in business who acts for another for a consideration in the conduct of a business activity taxable under this Chapter, and who receives for his principal all or part of the gross income from the taxable activity. "Business" means all activities or acts, personal or corporate, engaged in and caused to be engaged in with the object of gain, benefit,or advantage, either direct or indirect, but not casual activities or sales. "Business Day" means any day of the week when the Tax Collector's office is open for the public to conduct the Tax Collector's business. "Casual Activity or Sale" means a transaction of an isolated nature made by a person who neither represents himself to be nor is engaged in a business subject to a tax imposed by this Chapter. However, no sale, rental, license for use, or lease transaction concerning real property nor any activity entered into by a business taxable by this Chapter shall be treated, or be exempt, as casual. This definition shall include sales of used capital assets, provided that the volume and frequency of such sales do not indicate that the seller regularly engages in selling such property. "Combined Taxes" means the sum of all applicable Arizona Transaction Privilege and Use Taxes; all applicable transportation taxes imposed upon gross income by this County as authorized by Article Ill, Chapter 6, Title 42, Arizona Revised Statutes; and all applicable taxes imposed by this Chapter. "Commercial Property"is any real property, or portion of such property, used for any purpose other than lodging or lodging space, including structures built for lodging but used otherwise,such as model homes, apartments used as offices, etc. "Communications Channel"means any line,wire,cable, microwave, radio signal, light beam,telephone, telegraph, or any other electromagnetic means of moving a message. "Construction Contracting" refers to the activity of a construction contractor. "Construction Contractor" means a person who undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others,construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement to real property, or to do any part thereof. "Construction contractor" includes subcontractors, specialty contractors, prime contractors, and any person receiving consideration for the general supervision and/or coordination of such a construction project except for remediation contracting. This definition shall govern without regard to whether or not the construction contractor is acting in fulfillment of a contract. "Delivery (of Notice) by the Tax Collector" means "receipt (of notice) by the taxpayer". Now "Delivery, Installation, or Other Direct Customer Services" means services or labor, excluding repair labor, provided by a taxpayer to or for his customer at the time of transfer of tangible personal property; provided further that the charge for such labor or service is separately billed to the customer and maintained separately in the taxpayer's books and records. "Engaging", when used with reference to engaging or continuing in business, includes the exercise of corporate or franchise powers. "Equivalent Excise Tax" means either: (1) a Privilege or Use Tax levied by another Arizona municipality upon the transaction in question, and paid either to such Arizona municipality directly or to the vendor; or (2) an excise tax levied by a political subdivision of a state other than Arizona upon the transaction in question, and paid either to such jurisdiction directly or to the vendor; or (3) an excise tax levied by a Native American Government organized under the laws of the federal government upon the transaction in question, and paid either to such jurisdiction directly or to the vendor. "Federal Government" means the United States Government, its departments and agencies; but not including national banks or federally chartered or insured banks, savings and loan institutions, or credit unions. "Food"means any items intended for human consumption as defined by rules and regulations adopted by the Department of Revenue, State of Arizona, pursuant to A.R.S. Section 42-5106. Under no circumstances shall "food" include alcoholic beverages or tobacco, or food items purchased for use in conversion to any form of alcohol by distillation, fermentation, brewing, or other process. "Hotel" means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house, apartment house, trailer, or other lodging place within the Town offering lodging, wherein the owner thereof,for compensation,furnishes lodging to any transient,except foster homes,rest homes, sheltered care homes, nursing homes, or primary health care facilities. "Jet Fuel" means jet fuel as defined in A.R.S. Section 42-5351. "Job Printing" means the activity of copying or reproducing an article by any means, process, or method. "Job printing" includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction. "Lessee" includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. "Lessor" includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. "Licensing (for Use)"means any agreement between the user("licensee")and the owner or the owner's agent ("licensor") for the use of the licensor's property whereby the licensor receives consideration, where such agreement does not qualify as a "sale"or"lease" or"rental" agreement. "Lodging (Lodging Space)" means any room or apartment in a hotel or any other provider of rooms, trailer spaces, or other residential dwelling spaces; or the furnishings or services and accommodations accompanying the use and possession of said dwelling space, including storage or parking space for the property of said tenant. "Manufactured Buildings"means a manufactured home, mobile home or factory built building,as defined in A.R.S. Section 41-2142. "Manufacturer" means a person engaged or continuing in the business of fabricating, producing, or manufacturing products, wares, or articles for use from other forms of tangible personal property, imparting to such new forms, qualities, properties, and combinations. "Mining and Metallurgical Supplies"means all tangible personal property acquired by persons engaged in activities defined in Section 8A-432 for such use. This definition shall not include: • I (1) janitorial equipment and supplies. (2) office equipment, office furniture, and office supplies. (3) motor vehicles licensed for use upon the highways of the State. "Modifier" means a person who reworks, changes, or adds to products, wares, or articles of manufacture. "Nonprofit Entity" means any entity organized and operated exclusively for charitable purposes, or operated by the Federal Government, the State, or any political subdivision of the State. "Occupancy (of Real Property)" means any occupancy or use, or any right to occupy or use, real property including any improvements, rights, or interests in such property. "Out-of-Town Sale" means the sale of tangible personal property and job printing if all of the following occur: (1) transference of title and possession occur without the Town; and (2) the stock from which such personal property was taken was not within the corporate limits of the Town; and (3) the order is received at a permanent business location of the seller located outside the Town; which location is used for the substantial and regular conduct of such business sales activity. In no event shall the place of business of the buyer be determinative of the situs of the receipt of the order. For the purpose of this definition it does not matter that all other indicia of business occur within the Town, including, but not limited to, accounting, invoicing, payments, centralized purchasing, and supply to out-of-Town storehouses and out-of-Town retail branch outlets from a primary storehouse within the Town. "Out-of-State Sale" means the sale of tangible personal property and job printing if all of the following occur: (1) The order is placed from without the State of Arizona; and (2) the order is placed by other than a resident of the State to be determined in a manner similar to "resides within the Town"; and (3) the property is delivered to the buyer at a location outside the State; and (4) the property is purchased for use outside the State. "Owner-Builder" means an owner or lessor of real property who, by himself or by or through others, constructs or has constructed or reconstructs or has reconstructed any improvement to real property. "Person" means an individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, broker, the Federal Government, this State, or any political subdivision or agency of this State. For the purposes of this Chapter, a person shall be considered a distinct and separate person from any general or limited partnership or joint venture or other association with which such person is affiliated. A subsidiary corporation shall be considered a separate person from its parent corporation for purposes of taxation of transactions with its parent corporation. "Prosthetic" means any of the following tangible personal property if such items are prescribed or recommended by a licensed podiatrist, chiropractor, dentist, physician or surgeon, naturopath, optometrist,osteopathic physician or surgeon, psychologist, hearing aid dispenser, physician assistant, nurse practitioner or veterinarian: (1) any man-made device for support or replacement of a part of the body, or to increase acuity of one of the senses. Such items include: prescription eyeglasses; contact lenses; hearing aids; artificial limbs or teeth; neck, back, arm, leg, or similar braces. (2) insulin, insulin syringes, and glucose test strips sold with or without a prescription. (3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes. (4) drugs or medicine, including oxygen. (5) equipment used to generate, monitor, or provide health support systems, such as respiratory equipment, oxygen concentrator, dialysis machine. (6) durable medical equipment which has a federal health care financing administration common procedure code,is designated reimbursable by Medicare,can withstand repeated 1.10 use, is primarily and customarily used to serve a medical purpose, is generally not useful to a person in the absence of illness or injury and is appropriate for use in the home. "Qualifying Community Health Center" (al) means an entity that is recognized as nonprofit under Section 501(c)(3) of the United States Internal Revenue Code, that is a community-based, primary care clinic that has a community-based board of directors and that is either: (+a) the sole provider of primary care in the community. (2b) a nonhospital affiliated clinic that is located in a federally designated medically underserved area in this State. (b2) includes clinics that are being constructed as qualifying community health centers. "Qualifying Health Care Organization" means an entity that is recognized as nonprofit under Section 501(c)of the United States Internal Revenue Code and that uses, saves or invests at least eighty per cent of all monies that it receives from all sources each year only for health and medical related educational and charitable services, as documented by annual financial audits prepared by an independent certified public accountant, performed according to generally accepted accounting standards and filed annually with the Arizona Department of Revenue. Monies that are used, saved or invested to lease, purchase or construct a facility for health and medical related education and charitable services are included in the eighty percent(80%) requirement. "Qualifying Hospital" means any of the following: (1) a licensed hospital which is organized and operated exclusively for charitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. (2) a licensed nursing care institution or a licensed residential care institution or a residential care facility operated in conjunction with a licensed nursing care institution or a licensed kidney dialysis center,which provides medical services, nursing services or health related services and is not used or held for profit. (3) a hospital, nursing care institution or residential care institution which is operated by the federal government, this State or a political subdivision of this State. (4) a facility that is under construction and that on completion will be a facility under subdivision (1), (2), or(3) of this paragraph. "Receipt(of Notice) by the Taxpayer" means the earlier of actual receipt or the first attempted delivery by certified United States mail to the taxpayer's address of record with the Tax Collector. "Remediation" means those actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment such that the waters of the State are or may be affected, such actions as may be necessary to monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the waters of the State which may otherwise result from a release or threat of release of a hazardous substance that will or may affect the waters of the State. Remediation activities include the use of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic, nonopportunistic and that are naturally occurring. Remediation activities may include community information and participation costs and providing an alternative drinking water supply. "Rental Equipment"means tangible personal property sold, rented, leased, or licensed to customers to the extent that the item is actually used by the customer for rental, lease, or license to others; provided that: (1) (Reserved) (2.1) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (32) the item so claimed as"rental equipment"is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15%) of its actual use. "Rental Supply"means an expendable or nonexpendable repair or replacement part sold to become part of"rental equipment", provided that: (1) the documentation relating to each purchased item so claimed specifically itemizes to the vendor the actual item of"rental equipment"to which the purchased item is intended to be attached as a repair or replacement part; and (2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (3) the item so claimed as"rental equipment"is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15%) of its actual use. "Repairer" means a person who restores or renews products, wares, or articles of manufacture. "Resides within the Town" means in cases other than individuals, whose legal addresses are determinative of residence, the engaging, continuing, or conducting of regular business activity within the Town. "Restaurant" means any business activity where articles of food, drink, or condiment are customarily prepared or served to patrons for consumption on or off the premises, also including bars, c ocktail lounges, the dining rooms of hotels, and all caterers. For the purposes of this Chapter, a "fast food" business,which includes street vendors and mobile vendors selling in public areas or at entertainment or sports or similar events, who prepares or sells food or drink for consumption on or off the premises is considered a"restaurant", and not a "retailer". "Retail Sale (Sale at Retail)" means the sale of tangible personal property, except the sale of tangible personal property to a person regularly engaged in the business of selling such property. "Retailer" means any person engaged or continuing in the business of sales of tangible personal property at retail. "Sale" means any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any manner or by any means whatsoever, including consignment transactions and auctions,of property for a consideration. "Sale" includes any transaction whereby the possession of such property is transferred but the seller retains the title as security for the payment of the price. "Sale" also includes the fabrication of tangible personal property for consumers who, in whole or in part,furnish either directly or indirectly the materials used in such fabrication work. "Speculative Builder" means either: (1) an owner-builder who sells or contracts to sell, at anytime, improved real property (as provided in Section 8A-416) consisting of: A) custom, model, or inventory homes, regardless of the stage of completion of such homes; or B) improved residential or commercial lots without a structure; or (2) an owner-builder who sells or contracts to sell improved real property,other than improved real property specified in subsection (1) above: A) prior to completion; or B) before the expiration of twenty-four(24) months after the improvements of the real property sold are substantially complete. "Substantially Complete" means the construction contracting or reconstruction contracting: (1) has passed final inspection or its equivalent; or (2) certificate of occupancy or its equivalent has been issued; or (3) is ready for immediate occupancy or use. "Supplier"means any person who rents, leases, licenses, or makes sales of tangible personal property within the Town, either directly to the consumer or customer or to wholesalers, jobbers, fabricators, manufacturers,modifiers,assemblers,repairers,or those engaged in the business of providing services which involve the use, sale, rental, lease, or license of tangible personal property. "Tax Collector" means the Town Council or its designee or agent for all purposes under this Chapter. "Taxpayer" means any person liable for any tax under this Chapter. "Telecommunication Service"means any service or activity connected with the transmission or relay of sound, visual image, data, information, images, or material over a communications channel or any combination of communications channels. "TRANSIENT" MEANS ANY PERSON WHO EITHER AT THE PERSON'S OWN EXPENSE OR AT THE EXPENSE OF ANOTHER OBTAINS LODGING SPACE OR THE USE OF LODGING SPACE ON A DAILY OR WEEKLY BASIS,OR ON ANY OTHER BASIS FOR LESS THAN THIRTY(30)CONSECUTIVE DAYS. "Utility Service" means the producing, providing, or furnishing of electricity, electric lights, current, power, gas (natural or artificial), or water to consumers or ratepayers. Section 2. Section 8A-266 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-266. Exclusion of motor carrier revenues from gross income. There shall be excluded from gross income the gross proceeds of sale or gross income derived from any of the following: (a) a motor carrier's use on the public highways in this State if the motor carrier is subject to a fee prescribed in A.R.S. TITLE 28, CHAPTER 15,ARTICLE 4 OR A.R.S. Title 28, Chapter 16, Article 4. (b) Leasing, renting or licensing a motor vehicle subject to and upon which the fee has been paid under A.R.S. Title 28, Chapter 16. (c) The sale of a motor vehicle and any repair and replacement parts and tangible personal property becoming a part of such motor vehicle, to a motor carrier who is subject to a fee prescribed in A.R.S. Title 28, Chapter 16 and who is engaged in the business of leasing, renting or licensing such property. (d) for the purposes of these exclusions, "motor carrier" includes a motor vehicle weighing 26,000 pounds or more, a lightweight motor vehicle which weighs 12,001 pounds to 26,000 pounds and a light motor vehicle weighing 12,000 pounds or less,which pay the fee prescribed in A.R.S.TITLE 28, CHAPTER 15 OR A.R.S. Title 28, Chapter 16. Section 3. Section 8A-410of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-410. Amusements, exhibitions, and similar activities. (a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in THE BUSINESS OF PROVIDING AMUSEMENT THAT BEGINS IN THE TOWN OR TAKES PLACE ENTIRELY WITHIN THE TOWN,WHICH INCLUDES the following type or nature of businesses: (1) operating or conducting theaters, movies,operas,shows of any type or nature,exhibitions, concerts, carnivals, circuses, amusement parks, menageries, fairs, races, contests, games, billiard or pool parlors, bowling alleys, skating rinks, tennis courts, golf courses, video games, pinball machines, public dances, dance halls, sports events, jukeboxes, batting and driving ranges, animal rides, or any other business charging admission for exhibition, amusement, or entertainment. (2) (Reserved) (b) DEDUCTIONS OR EXEMPTIONS. THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM THE FOLLOWING SOURCES IS EXEMPT FROM THE TAX IMPOSED BY THIS SECTION: (1) (RESERVED) (2) AMOUNTS RETAINED BY THE ARIZONA EXPOSITION AND STATE FAIR BOARD FROM RIDE TICKET SALES AT THE ANNUAL ARIZONA STATE FAIR. (3) INCOME RECEIVED FROM A HOTEL BUSINESS SUBJECT TO TAX UNDER SECTION 8A-444,IF ALL OF THE FOLLOWING APPLY: (A) THE HOTEL BUSINESS RECEIVES GROSS INCOME FROM A CUSTOMER FOR THE SPECIFIC BUSINESS ACTIVITY OTHERWISE SUBJECT TO AMUSEMENT TAX. (B) THE CONSIDERATION RECEIVED BY THE HOTEL BUSINESS IS EQUAL TO OR GREATER THAN THE AMOUNT TO BE DEDUCTED UNDER THIS SUBSECTION. (C) THE HOTEL BUSINESS HAS PROVIDED AN EXEMPTION CERTIFICATE TO THE PERSON ENGAGING IN BUSINESS UNDER THIS SECTION. (4) INCOME THAT IS SPECIFICALLY INCLUDED AS THE GROSS INCOME OF A BUSINESS ACTIVITY UPON WHICH ANOTHER SECTION OF THIS ARTICLE IMPOSES A TAX,THAT IS SEPARATELY STATED TO THE CUSTOMER AND IS TAXABLE TO THE PERSON ENGAGED IN THAT CLASSIFICATION NOT TO EXCEED CONSIDERATION PAID TO THE PERSON CONDUCTING THE ACTIVITY. (5) INCOME FROM ARRANGING TRANSPORTATION CONNECTED TO AMUSEMENT ACTIVITY THAT IS SEPARATELY STATED TO THE CUSTOMER, NOT TO EXCEED CONSIDERATION PAID TO THE TRANSPORTATION BUSINESS. (C) THE TAX IMPOSED BY THIS SECTION SHALL NOT INCLUDE ARRANGING AN AMUSEMENT ACTIVITY AS A SERVICE TO A PERSON'S CUSTOMERS IF THAT PERSON IS NOT OTHERWISE ENGAGED IN THE BUSINESS OF OPERATING OR CONDUCTING AN AMUSEMENT THEMSELVES OR THROUGH OTHERS.THIS EXCEPTION DOES NOTAPPLYTO BUSINESSES THAT OPERATE OR CONDUCT AMUSEMENTS PURSUANT TO CUSTOMER ORDERS AND SEND THE BILLINGS AND RECEIVE THE PAYMENTS ASSOCIATED WITH THAT ACTIVITY,INCLUDING WHEN THE AMUSEMENT IS PERFORMED BY THIRD PARTY INDEPENDENT CONTRACTORS. FOR THE PURPOSES OF THIS PARAGRAPH,"ARRANGING"INCLUDES BILLING FOR OR COLLECTING AMUSEMENT CHARGES FROM A PERSON'S CUSTOMERS ON BEHALF OF THE PERSONS PROVIDING THE AMUSEMENT. Section 4. Section 8A-415 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-415. Construction contracting: construction contractors. (a) The tax rate shall be at an amount equal to four percent(4%)of the gross income from the business upon every construction contractor engaging or continuing in the business activity of construction contracting within the Town. (1) However, gross income from construction contracting shall not include charges related to groundwater measuring devices required by A.R.S. Section 45-604. (2) (Reserved) (3) gross income from construction contracting shall not include gross income from the sale of manufactured buildings taxable under Section 8A-427. (b) Deductions and exemptions. (1) Gross income derived from acting as a"subcontractor"shall be exempt from the tax imposed by this Section. (2) All construction contracting gross income subject to the tax and not deductible herein shall be allowed a deduction of thirty-five percent (35%). (3) The gross proceeds of sales or gross income attributable to the purchase of machinery, equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under: (A) Section 8A-465, subsections (g) and (p) (B) (Reserved) shall be exempt or deductible, respectively, from the tax imposed by this Section. (4) The gross proceeds of sales or gross income that is derived from a contract entered into for the installation,assembly, repair or maintenance of income-producing capital equipment, as defined in Section 8A-110, That is deducted from the retail classification pursuant to Section 8A-465(g) that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income-producing capital equipment, the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph,"permanent attachment"means at least one of the following: (A) to be incorporated into real property. (B) to become so affixed to real property that it becomes part of the real property. (C) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed. (5) The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section. (6) The gross proceeds of sales or gross income that is derived from the installation, assembly, repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 8A-465, subsection (g) shall be exempt from the tax imposed under this Section. (7) The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this State for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure, project, development or improvement used directly and primarily to prevent, monitor,control or reduce air, water or land pollution shall be exempt from the tax imposed under this Section. (8) The gross proceeds of sales or gross income received from a post construction contract to perform post-construction treatment of real property for termite and general pest control, including wood destroying organisms, shall be exempt from tax imposed under this section. (9) THROUGH DECEMBER 31, 2009, THE GROSS PROCEEDS OF SALES OR GROSS INCOME RECEIVED FROM A CONTRACT FOR CONSTRUCTING ANY LAKE FACILITY DEVELOPMENT IN A COMMERCIAL ENHANCEMENT REUSE DISTRICT THAT IS DESIGNATED PURSUANT TO A.R.S. § 9-499.08 IF THE CONTRACTOR MAINTAINS THE FOLLOWING RECORDS IN A FORM SATISFACTORY TO THE ARIZONA DEPARTMENT OF REVENUE AND TO THE TOWN: (A) THE CERTIFICATE OF QUALIFICATION OF THE LAKE FACILITY DEVELOPMENT ISSUED BY THE TOWN PURSUANT TO A.R.S. §9-499.08, SUBSECTION D. (B) ALL STATE AND LOCAL TRANSACTION PRIVILEGE TAX RETURNS FOR THE PERIOD OF TIME DURING WHICH THE CONTRACTOR RECEIVED GROSS PROCEEDS OF SALES OR GROSS INCOME FROM A CONTRACT TO CONSTRUCT A LAKE FACILITY DEVELOPMENT IN A DESIGNATED COMMERCIAL ENHANCEMENT REUSE DISTRICT, SHOWING THE AMOUNT EXEMPTED FROM STATE AND LOCAL TAXATION. (C) ANY OTHER INFORMATION CONSIDERED TO BE NECESSARY. (10) DEVELOPMENT OR IMPACT FEES INCLUDED IN A CONSTRUCTION OR DEVELOPMENT CONTRACT FOR PAYMENT TO THE STATE OR LOCAL GOVERNMENT TO OFFSET GOVERNMENTAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY AND OTHER PUBLIC SERVICES TO A DEVELOPMENT. (c) "Subcontractor" means a construction contractor performing work for either: (1) a construction contractor who has provided the subcontractor with a written for the tax for the project and has provided the declaration that he is liable subcontractor his Town Privilege License number. (2) an owner-builder who has provided the subcontractor with a written declaration that: (A) the owner-builder is improving the property for sale; and (B) the owner-builder is liable for the tax for such construction contracting activity; and (c) the owner-builder has provided the contractor his Town Privilege License number. (3) a selling new manufactured buildings who has provided the subcontractor with a written declaration that he person e is liable for the tax for the site preparation and set-up; and provided the subcontractor his Town Privilege License number. Subcontractor also includes a construction contractor performing work for another subcontractor as defined above. Section 5. Section 8A-416 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-416. Construction contracting: speculative builders. (a) The tax shall be equal to four percent(4%)of the gross income from the business activity eve upon person engaging or continuing in business as a speculative builder within the P every Town. (1) Thegross income of a speculative builder considered taxable shall include the total selling price from the sale of improved real property at the time of closing of escrow or transfer of title. (2) "Improved Real Property" means any real property: (A) upon which a structure has been constructed; or (B) where improvements have been made to land containing no structure (such as paving or landscaping); or (C) which has been reconstructed as provided by Regulation; or (D) where water, power, and streets have been constructed to the property line. (3) "Sale of Improved Real Property" includesany form of transaction, whether characterized as a lease or otherwise, which in substance is a transfer of title of, or equitable ownership in, improved real property and includes any lease of the property for a term of thirty (30) years or more (with all options forrenewal being included as a part of the term). In the case of multiple unit projects, "sale" refers to the sale of the entire project or to the sale of any individual parcel or unit. (4) "Partially Improved Residential Real Property,"as used in this Section, means any improved real property, as defined in subsection (a)(2) above, being developed for sale to individual homeowners, where the construction of the residence upon such property is not substantially complete at the time of the sale. .4 /la (b) Exclusions. (1) In cases involving reconstruction contracting, the speculative builder may exclude from gross income the prior value allowed for reconstruction contracting in determining his taxable gross income, as provided by Regulation. (2) Neither the cost nor the fair market value of the land which constitutes part of the improved real property sold may be excluded or deducted from gross income subject to the tax imposed by this Section. (3) (Reserved) (4) A speculative builder may exclude gross income from the sale of partially improved residential real property as defined in (a)(4) above to another speculative builder only if all of the following conditions are satisfied: (A) The speculative builder purchasing the partially improved residential real property has a valid Town privilege license for construction contracting as a speculative builder; and (B) At the time of the transaction, the purchaser provides the seller with a properly completed written declaration that the purchaser assumes liability for and will pay all privilege taxes which would otherwise be due the Town at the time of sale of the partially improved residential real property; and (C) The seller also: (i) maintains proper records of such transactions in a manner similar to the requirements provided in this chapter relating to sales for resale; and (ii) retains a copy of the written declaration provided by the buyer for the transaction; and (iii) is properly licensed with the Town as a speculative builder and provides the Town with the written declaration attached to the Town privilege tax return where he claims the exclusion. (c) Tax liability for speculative builders occurs at close of escrow or transfer of title, whichever occurs earlier,and is subject to the following provisions,relating to exemptions,deductions and tax credits: (1) Exemptions. (A) The gross proceeds of sales or gross income attributable to the purchase of machinery,equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under: (i) Section 8A-465, subsections (g) and (p) (ii) (Reserved) shall be exempt or deductible, respectively, from the tax imposed by this Section. (B) The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section. (C) The gross proceeds of sales or gross income that is derived from the installation,assembly,repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 8A-465, subsection (g) shall be exempt from the tax imposed under this section. (D) The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this state for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure,project,development or improvement used directly and primarily to prevent, monitor,control or reduce air,water or land pollution shall be exempt from the tax imposed under this Section. (E) DEVELOPMENT OR IMPACT FEES INCLUDED IN A CONSTRUCTION OR DEVELOPMENT CONTRACT FOR PAYMENT TO THE STATE OR LOCAL GOVERNMENT TO OFFSET GOVERNMENTAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY AND OTHER PUBLIC SERVICES TO A DEVELOPMENT. (2) Deductions. (A) All amounts subject to the tax shall be allowed a deduction in the amount of thirty-five percent(35%). (B) The gross proceeds of sales or gross income that is derived from a contract entered into for the installation, assembly, repair or maintenance of income- producing capital equipment, as defined in Section 8A-110, that is deducted 1111/ from the retail classification pursuant to Section 8A-465(g), that does not become a permanent attachment to a building, highway, road, railroad, 41111 excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income- producing capital equipment,the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph, "permanent attachment" means at least one of the following: (i) to be incorporated into real property. (ii) to become so affixed to real property that it becomes part of the real property. (iii) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed. (3) Tax credits. The following tax credits are available to owner-builders or speculative builders, not to exceed the tax liability against which such credits apply, provided such credits are documented to the satisfaction of the tax collector: (A) A tax credit equal to the amount of town privilege or use tax, or the equivalent excise tax, paid directly to a taxing jurisdiction or as a separately itemized charge paid directly to the vendor with respect to the tangible personal property incorporated into the said structure or improvement to real property undertaken by the owner-builder or speculative builder. (B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged separately to the speculative builder, by a construction contractor, on the gross income derived by said person from the construction of any improvement to the real property. (C) No credits provided herein may be claimed until such time that the gross income against which said credits apply is reported. Section 6. Section 8A-417 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-417. Construction contracting: owner-builders who are not speculative builders. (a) At the expiration of twenty-four (24) months after improvement to the property is substantially complete,the tax liability for an owner-builder who is not a speculative builder shall be at an amount equal to four percent(4%) of: (1) the gross income from the activity of construction contracting upon the real property in question which was realized by those construction contractors to whom the owner-builder provided written declaration that they were not responsible for the taxes as prescribed in Subsection 8A-415(c)(2); and (2) the purchase of tangible personal property for incorporation into any improvement to real property, computed on the sales price. (b) The tax liability of this Section is subject to the following provisions, relating to exemptions, deductions and tax credits: (1) Exemptions. (A) The gross proceeds of sales or gross income attributable to the purchase of machinery,equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under: (i) Section 8A-465, subsections (g) and (p) (ii) (Reserved) shall be exempt or deductible, respectively, from the tax imposed by this Section. (B) The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, or cooling and packaging of eggs low shall be exempt from the tax imposed under this Section. (C) The gross proceeds of sales or gross income that is derived from the installation,assembly, repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 8A-465, subsection (g) shall be exempt from the tax imposed under this Section. (D) The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this state for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure,project,development or improvement used directly and primarily to prevent, monitor,control or reduce air,water or land pollution shall be exempt from the tax imposed under this Section. (E) DEVELOPMENT OR IMPACT FEES INCLUDED IN A CONSTRUCTION OR DEVELOPMENT CONTRACT FOR PAYMENT TO THE STATE OR LOCAL GOVERNMENT TO OFFSET GOVERNMENTAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY AND OTHER PUBLIC SERVICES TO A DEVELOPMENT. (2) Deductions. (A) All amounts subject to the tax shall be allowed a deduction in the amount of thirty-five percent (35%). (B) The gross proceeds of sales or gross income that is derived from a contract entered into for the installation, assembly, repair or maintenance of income- producing capital equipment, as defined in Section 8A-110, that is deducted from the retail classification pursuant to Section 8A-465(g), that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section.on. If the ownership of the realty is separate from the ownership of the income- producing capital equipment, the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph, "permanent attachment"means at least one of the following: (i) to be incorporated into real property. (ii) to become so affixed to real property that it becomes part of the real property. (iii) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed. (3) Tax credits. The following tax credits are available to owner-builders and speculative builders, not to exceed the tax liability against which such credits apply,provided such credits are documented to the satisfaction of the tax collector: (A) A tax credit equal to the amount of town privilege or use tax, or the equivalent excise tax, paid directly to a taxing jurisdiction or as a separately itemized charge paid directly to the vendor with respect to the tangible personal property incorporated into the said structure or improvement to real property undertaken by the owner-builder or speculative builder. (B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged separately to the speculative builder, by a construction contractor, on the gross income derived by said person from the construction of any improvement to the real property. (C) No credits provided herein may be claimed until such time that the gross income against which said credits apply is reported. (c) The limitation period for the assessment of taxes imposed by this Section is measured based upon when such liability is reportable, that is, in the reporting period that encompasses the twenty-fifth (25th) month after said unit or project was substantially complete. Interest and penalties, as provided in Section 8A-540, will be based on reportable date. (d) (Reserved) Section 7. Section 8A-444 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-444. Hotels. The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of operating a hotel charging for lodging and/or lodging space furnished to any: (a) Person. (b) (Reserved) (B) EXCLUSIONS. THE TAX IMPOSED BY THIS SECTION SHALL NOT INCLUDE: (1) INCOME DERIVED FROM INCARCERATING OR DETAINING PRISONERS WHO ARE UNDER THE JURISDICTION OF THE UNITED STATES,THIS STATE OR ANY OTHER STATE OR A POLITICAL SUBDIVISION OF THIS STATE OR OF ANY OTHER STATE IN A PRIVATELY OPERATED PRISON, JAIL OR DETENTION FACILITY. (2) GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS PROPERLY INCLUDED IN ANOTHER BUSINESS ACTIVITY UNDER THIS ARTICLE AND THAT IS TAXABLE TO THE PERSON ENGAGED IN THAT BUSINESS ACTIVITY, BUT THE GROSS PROCEEDS OF SALES OR GROSS INCOME TO BE DEDUCTED SHALL NOT EXCEED THE CONSIDERATION PAID TO THE PERSON CONDUCTING THE ACTIVITY. (3) GROSS PROCEEDS OF SALES OR GROSS INCOME FROM TRANSACTIONS OR ACTIVITIES THAT ARE NOT LIMITED TO TRANSIENTS AND THAT WOULD NOT BE TAXABLE IF ENGAGED IN BY A PERSON NOT SUBJECT TO TAX UNDER THIS ARTICLE. (4) GROSS PROCEEDS OF SALES OR GROSS INCOME FROM TRANSACTIONS OR ACTIVITIES THAT ARE NOT LIMITED TO TRANSIENTS AND THAT WOULD NOT BE TAXABLE IF ENGAGED IN BY A PERSON SUBJECT TO TAXATION UNDER SECTION 8A-410 OR SECTION 8A-475 DUE TO AN EXCLUSION, EXEMPTION OR DEDUCTION. (5) GROSS PROCEEDS OF SALES OR GROSS INCOME FROM COMMISSIONS RECEIVED FROM A PERSON PROVIDING SERVICES OR PROPERTY TO THE CUSTOMERS OF THE HOTEL. HOWEVER, SUCH COMMISSIONS MAY BE SUBJECT TO TAX UNDER SECTION 8A-445 OR 41100. SECTION 8A-450 AS RENTAL, LEASING OR LICENSING FOR USE OF REAL OR TANGIBLE PERSONAL PROPERTY. (6) INCOME FROM PROVIDING TELEPHONE,FAX OR INTERNET SERVICES TO CUSTOMERS AT AN ADDITIONAL CHARGE,THAT IS SEPARATELY STATED TO THE CUSTOMER AND IS SEPARATELY MAINTAINED IN THE HOTEL'S BOOKS AND RECORDS. HOWEVER, SUCH GROSS PROCEEDS OF SALES OR GROSS INCOME MAY BE SUBJECT TO TAX UNDER SECTION 8A-470 AS TELECOMMUNICATION SERVICES. - . - •6- -6 --, - - = e or any other state or a political subdivision of this State or of Section 8. Section 8A-447of the Tax Code of the Town of Oro Valley is amended to read: Sec.8A-447. Rental,leasing,and licensing for use of real property: additional tax upon transient lodging. In addition to the taxes levied as provided in Section 8A-444, there is hereby levied and shall be collected an additional tax in an amount equal to six percent(6%)of the gross income from the business activity of any hotel engaging or continuing within the Town in the business of charging for lodging and/or lodging space furnished to any transient. " ---•-- ------ _ _ _ _ _ _ ;;- • - -�- - - - ---- - - - - -• -- - - - - - ---- - - - - - -- a Cr `. . Section 9. Section 8A-450 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-450. Rental, leasing, and licensing for use of tangible personal property. (a) The tax rate shall be at an amount equal to two percent(2%)of the gross income from the business activity upon every person engaging or continuing in the business of leasing, licensing for use, or renting tangible personal property for a consideration, including that which is semi-permanently or permanently installed within the Town as provided by Regulation. (b) Special provisions relating to long-term motor vehicle leases. A lease transaction involving a motor vehicle for a minimum period of twenty-four four (24) months shallbe considered to have occurred at the location of the motor vehicle dealership, rather than the location of the place of business of the lessor, even if the lessor's interest in the lease and its proceeds are sold, transferred, or otherwise assigned to a lease financing institution; provided further that the city or town where such motor vehicle dealership is located levies a Privilege Tax or an equivalent excise tax upon the transaction. (c) Gross income derived from the following transactions shall be exempt from Privilege Taxes imposed by this Section: (1) rental, leasing,or licensing for use of tangible personal property to persons engaged or continuing in the business of leasing, licensing for use, or rental of such property. (2) rental, leasing, or licensing for use of tangible personal property that is semi-permanently or permanently installed within another city or town that levies an equivalent excise tax on the transaction. (3) rental, leasing, or licensing for use of film,tape, or slides to a theater or other person taxed under Section 8A-410, or to a radio station, television station, or subscription television system. (4) rental, leasing, or licensing for use of the following: (A) prosthetics. (B) income-producing capital equipment. (C) mining and metallurgical supplies. These exemptions include the rental, leasing, or licensing for use of tangible personal property which, if it had been purchased instead of leased, rented, or licensed by the lessee or licensee, would qualify as income-producing capital equipment or mining and metallurgical supplies. (5) rental, leasing, or licensing for use of tangible personal property to a qualifying hospital,qualifying community health center or a qualifying health care organization, except when the property so rented, leased, or licensed is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or rental, leasing, or licensing for use of tangible personal property in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3)of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons. (6) separately billed charges for delivery, installation, repair, and/or maintenance as provided by Regulation. (7) charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services. (8) the gross income from coin-operated washing, drying, and dry cleaning machines, or from coin-operated car washing machines. This exemption shall not apply to suppliers or distributors renting, leasing, or licensing for use of such equipment to persons engaged in the operation of coin-operated washing, drying, dry cleaning, or car washing establishments. (9) rental, leasing, or licensing of aircraft that would qualify as aircraft acquired for use outside the State, as prescribed by Regulation, if such rental, leasing, or licensing had been a sale. (10) rental, leasing and licensing for use of an alternative fuel vehicle as defined in A.R.S. Section 43-1086 if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. Section 1-215. Section 10. Section 8A-455 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-455. Restaurants and Bars. (a) The tax rate shall be at an amount equal to two percent(2%)of the gross income from the business activity upon every person engaging or continuing in the business of preparing or serving food or beverage in a bar, cocktail lounge, restaurant, or similar establishment where articles of food or drink are prepared or served for consumption on or off the premises, including also the activity of catering. Cover charges and minimum charges must be included in the gross income of this business activity. (b) Caterers and other taxpayers subject to the tax who deliver food and/or serve such food offp remises shall also be allowed to exclude separately charged delivery, set-up, and clean-up charges, provided that the charges are also maintained separately in the books and records. When a taxpayer delivers food and/or serves such food off premises, his regular business location shall still be deemed the location of the transaction for the purposes of the tax imposed by this Section. (c) The tax imposed by this Section shall not apply to sales to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when sold for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512. (d) The tax imposed by this Section shall not apply to sales of food, beverages, condiments and accessories used for serving food and beverages to a commercial airline, as defined in A.R.S. § 42-1310.01(a)(48), that serves the food and beverages to its passengers, without additional charge, for consumption in flight. (e) The tax imposed by this Section shall not apply to sales of prepared food, beverages, condiments or accessories to a public educational entity, pursuant to any of the provisions of Title 15,Arizona Revised Statutes,to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. (f) For the purposes of this Section,"accessories"means paper plates, plastic eating utensils, napkins, paper cups,drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. Section 11. Section 8A-465 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-465. Retail sales: exemptions. Income derived from the following sources is exempt from the tax imposed by Section 14-460: (a) sales of tangible personal property to a person regularly engaged in the business of selling such property. (b) out-of-Town sales or out-of-State sales. (c) charges for delivery, installation, or other direct customer services as prescribed by Regulation. (d) charges for repair services as prescribed by Regulation, when separately charged and separately maintained in the books and records of the taxpayer. (e) sales of warranty, maintenance, and service contracts, when separately charged and separately maintained in the books and records of the taxpayer. (f) sales of prosthetics. (g) sales of income-producing capital equipment. (h) sales of rental equipment and rental supplies. (i) sales of mining and metallurgical supplies. (j) sales of motor vehicle fuel and use fuel which are subject to a tax imposed under the provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes; or sales of use fuel to a holder of a valid single trip use fuel tax permit issued under A.R.S. Section 28-5739, or sales of natural gas or liquefied petroleum gas used to propel a motor vehicle. (k) sales of tangible personal property to a construction contractor who holds a valid Privilege Tax License for engaging or continuing in the business of construction contracting where the tangible personal property sold is incorporated into any structure or improvement to real property as part of construction contracting activity. (I) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State. (m) sales of tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines, or other periodicals. Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product. (n) (Reserved) (1) (Reserved) (2) (Reserved) (o) sales to hotels, bars, restaurants, dining cars, lunchrooms, boarding houses, or similar establishments of articles consumed as food,drink, or condiment, whether simple, mixed, or compounded, where such articles are customarily prepared or served to patrons for consumption on or off the premises, where the purchaser is properly licensed and paying a tax under Section 8A-455 or the equivalent excise tax upon such income. (p) sales of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property sold is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or sales of tangible personal property purchased in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3)of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons. (q) sales of food for home consumption. (r) sales of the following to persons engaging or continuing in the business of farming, ranching, or feeding livestock, poultry or ratites: (1) seed, fertilizer, fungicides, seed treating chemicals, and other similar chemicals. (2) feed for livestock, poultry or ratites, including salt, vitamins, and other additives to such feed. (3) livestock, poultry or ratites purchased or raised for slaughter, but not including livestock purchased or raised for production or use, such as milch cows, breeding bulls, laying hens, riding or work horses. (4) (Reserved) This exemption shall not be construed to include machinery, equipment, fuels, lubricants, pharmaceuticals, repair and replacement parts, or other items used or consumed in the running, maintenance, or repair of machinery, equipment, buildings, or structures used or consumed in the business of farming, ranching, or feeding of livestock, poultry or ratites. (s) sales of groundwater measuring devices required by A.R.S. Section 45-604. (t) sales of paintings, sculptures or similar works of fine art, provided that such works of fine art are sold by the original artist; and provided further that sales of"art creations", such as jewelry, macrame, glasswork, pottery,woodwork, metalwork,furniture,and clothing,when such "art creations" have a dual purpose, both aesthetic and utilitarian, are not exempt, whether sold by the artist or by another. Niso (u) sales of aircraft acquired for use outside the State, as prescribed by Regulation. (v) sales of food products by producers as provided for by A.R.S. Sections 3-561, 3-562 and 3-563. (w) (Reserved) (x) sales of food and drink to a properly licensed restaurant which provides such food and drink without monetary charge to its employees for their own consumption on the premises during such employees' hours of employment. (y) (Reserved) (z) gross income received for tangible personal property consisting of manufactured items destroyed by being subjected to destructive stress, strain or similar testing,for the purpose of developing engineering information or for the purpose of quality control, but only to the extent that a sale of said property would otherwise be exempt by the provisions of this Chapter. (aa) the sale of tangible personal property used in remediation contracting as defined in Section 8A-100 and Regulation 8A-100.5. (bb) sales of materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows: (1) printed or photographic materials. (2) electronic or digital media materials. (cc) sales of food, beverages, condiments and accessories used for serving food and beverages to a commercial airline, as defined in A.R.S. § 42-5061(A)(5-G49), that serves the food and beverages to its passengers, without additional charge, for consumption in flight. For the purposes of this subsection,"accessories"means paper plates,plastic eating utensils, napkins,paper cups,drinking straws,paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (dd) in computing the tax base in the case of the sale or transfer of wireless telecommunication equipment as an inducement to a customer to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470, gross proceeds of sales or gross income does not include any sales commissions or other compensation received by the retailer as a result of the customer entering into or continuing a contract for the telecommunications services. (ee) for the purposes of this Section, a sale of wireless telecommunication equipment to a person who holds the equipment for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470 is considered to be a sale for resale in the regular course of business. (ff) sales of alternative fuel as defined in A.R.S. § 1-215, to a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. §49-426 or§ 49-480. (gg) sales of food, beverages, condiments and accessories to a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes; to the extent such • items are to be prepared or served to individuals for consumption on theP remises of a "Public educational entity during school hours. For the purposes of this subsection, accessories means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (hh) sales of personal hygiene items to a person engaged in the business of and subject to tax under Section 8A-444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy. (ii) For the purposes of this Section, the diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline. (jj) Sales of food, beverages, condiments and accessories to a nonprofit charitable organization that has qualified as an exempt organization under 26 U.S.0 Section 501(c)(3)and regularly serves meals to the needy and indigent on a continuing basis at no cost. For the purposes of this subsection,"accessories"means paper plates,plastic eating utensils, napkins, paper cups,drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (kk) (Reserved) (11) (kk) sales of motor vehicles that use alternative fuel as defined in A.R.S. § 43-1086 if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. § 1-215. Section 12. Section 8A-470 of the Tax Code of the Town of Oro Valleyis amended to • read. Sec. 8A-470. Telecommunication services. (a) The tax rate shall be at an amount equal to zero percent(0%)of theross income from the e business activity upon every person engaging or continuing in the business of providing 10 telecommunication services to consumers within this Town. (1) Telecommunication services shall include: (A) two-way voice, sound, and/or video communication over a communications channel. (B) one-way voice, sound, and/or video transmission or relay over a communications channel. (C) facsimile transmissions. (D) providing relay or repeater service. (E) providing computer interface services over a communications channel. (F) time-sharing activities with a computer accomplished through the use of a communications channel. (2) Gross income from the business activity of providing telecommunication services to consumers within this Town shall include: (A) all fees for connection to a telecommunication system. (B) toll charges, charges for transmissions, and charges for other telecommunications services; provided that such charges relate to transmissions originating in the Town and terminating in this State. (C) fees charged for access to or subscription to or membership in a telecommunication system or network. (0) charges for monitoring services relating to a security or burglar alarm system located within the Town where such system transmits or receives signals or data over a communications channel. (E) CHARGES FOR TELEPHONE, FAX OR INTERNET ACCESS SERVICES PROVIDED AT AN ADDITIONAL CHARGE BY A HOTEL BUSINESS SUBJECT TO TAXATION UNDER SECTION 8A-444. (b) Resale telecommunication services. Gross income from sales of telecommunication services to another provider of telecommunication services for the purpose of providing the purchaser's customers with such service shall be exempt from the tax imposed by this Section; provided, however, that such purchaser is properly licensed by the Town to engage in such business. NOW (c) Interstate transmissions. Charges by a provider of telecommunication services for transmissions originating in the Town and terminating outside the State are exempt from the tax imposed by this Section. (d) (Reserved) (e) However, gross income from the providing of telecommunication services by a cable television system,as such system is defined in A.R.S. Section 9-505, shall be exempt from the tax imposed by this Section. (f) Prepaid calling cards. Telecommunications services purchased with a prepaid calling card that are taxable under Section 8A-460 are exempt from the tax imposed under this Section. (g) Internet Access Services - the gross income subject to tax under this section shall not include sales of internet access services to the person's subscribers and customers. For the purposes of this subsection: (1) "Internet" means the computer and telecommunications facilities that comprise the interconnected worldwide network of networks that employ the transmission control protocol or Internet protocol, or any predecessor or successor protocol, to communicate information of all kinds by wire or radio. (2) "Internet Access" means a service that enables users to access content, information,electronic mail or other services over the internet. Internet access does not include telecommunication services provided by a common carrier. Section 13. Section 8A-475 of the Tax Code of the Town of Oro Valley is amended to read: NowSec. 8A-475. Transporting for hire. The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of providing the following forms of transportation for hire from this Town to another point within the State: (a) transporting of persons or property by railroad; provided, however, that the tax imposed by this subsection shall not apply to transporting freight or property for hire by a railroad operating exclusively in this State if the transportation comprises a portion of a single shipment of freight or property, involving more than one railroad, either from a point in this State to a point outside this State or from a point outside this State to a point in this State. For purposes of this paragraph, "a single shipment" means the transportation that begins at the point at which one of the railroads first takes possession of the freight or property and continues until the point at which one of the railroads relinquishes possession of the freight or property to a party other than one of the railroads. (b) transporting of oil or natural or artificial gas through pipe or conduit. (c) transporting of property by aircraft. (d) transporting of persons or property by motor vehicle, including towing and the operation of private car lines, as such are defined in Article VII, Chapter 14, Title 42, Arizona Revised Statutes; provided, however, that the tax imposed by this subsection shall not apply to: (1) gross income subject to the tax imposed by Article IV, Chapter 16, Title 28, Arizona Revised Statutes. (2) gross income derived from the operation of a governmentally adopted and controlled program to provide urban mass transportation. (3) (Reserved) (4) (Reserved) (E) (RESERVED) (F) DEDUCTIONS OR EXEMPTIONS. THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM THE FOLLOWING SOURCES IS EXEMPT FROM THE TAX IMPOSED BY THIS SECTION: (1) INCOME THAT IS SPECIFICALLY INCLUDED AS THE GROSS INCOME OF A BUSINESS ACTIVITY UPON WHICH ANOTHER SECTION OF ARTICLE IV IMPOSES A TAX, THAT IS SEPARATELY STATED TO THE CUSTOMER AND IS TAXABLE TO THE PERSON ENGAGED IN THAT CLASSIFICATION NOT TO EXCEED CONSIDERATION PAID TO THE PERSON CONDUCTING THE ACTIVITY. (2) INCOME FROM ARRANGING AMUSEMENT OR TRANSPORTATION WHEN THE AMUSEMENT OR TRANSPORTATION IS CONDUCTED BY ANOTHER PERSON NOT TO EXCEED CONSIDERATION PAID TO THE AMUSEMENT OR TRANSPORTATION BUSINESS. (G) THE TAX IMPOSED BY THIS SECTION SHALL NOT INCLUDE ARRANGING TRANSPORTATION AS A CONVENIENCE TO A PERSON'S CUSTOMERS IF THAT PERSON IS NOT OTHERWISE ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS,FREIGHT OR PROPERTY FOR HIRE.THIS EXCEPTION DOES NOT APPLY TO BUSINESSES THAT DISPATCH VEHICLES PURSUANT TO CUSTOMER ORDERS AND SEND THE BILLINGS AND RECEIVE THE PAYMENTS ASSOCIATED WITH THAT ACTIVITY, INCLUDING WHEN THE TRANSPORTATION IS PERFORMED BY THIRD PARTY INDEPENDENT CONTRACTORS. FOR THE PURPOSES OF THIS PARAGRAPH, "ARRANGING" INCLUDES BILLING FOR OR COLLECTING TRANSPORTATION CHARGES FROM A PERSON'S CUSTOMERS ON BEHALF OF THE PERSONS PROVIDING THE TRANSPORTATION. Section 14. Regulation 8A-447.1 of the Tax Code of the Town of Oro Valley is amended to read: Regulation 8A-447.1 of the Tax Code of the Town of Oro Valley is repealed. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 4, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: RESOLUTION NO. (R)07- 0 AUTHORIZING THE INTERGOVERNMENTAL 5 AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY DIVISION OF ELECTIONS FOR ELECTION SERVICES, EFFECTIVE JANUARY 1, 2007 THROUGH DECEMBER 31, 2011 SUMMARY: It is time to adopt an Intergovernmental Agreement between the Town of Oro Valley and Pima County Division will be effective January Elections for Election Services. This IGA 1, 2007 through December 31, 2011 and includes assistance for anyregular or special election scheduled during that time: The Legal Department has reviewed the proposed IGA and has no objections to the Agreement. FISCAL IMPACT: le cost for Elections Division Services has increased from .35 cents to .55 cents per registered voter. SUGGESTED MOTION: I move to approve Resolution No. (R)07- 50 • ATTACHMENTS: 1. Memorandum from Legal. 2. Intergovernmental Agreement. &z-tub", - Kat ryn Cuvelier, Town Clerk aViki Ce1-14141-t David Andrews, Town Manager RESOLUTION NO. (R) 07-50 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR ELECTION SERVICES TO BE EFFECTIVE JANUARY 1, 2007 THROUGH DECEMBER 31, 2011, AND THROUGH COMPLETION OF ALL OBLIGATIONS AND ACTIVITIES CONTEMPLATED BY THIS INTERGOVERNMENTAL AGREEMENT, PROVIDED THAT THE TERM SHALL CONTINUE THROUGH FINAL RESOLUTION OF ANY LEGAL CHALLENGE TO THE ELECTION WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town of Oro Valley, pursuant to Arizona Revised Statutes (A.R.S.) § 11-952, is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, Pima County is authorized under A.R.S. §§ 16-205(C), 16-409, 16-450, 11-251(3), 11-951, et. seq. to perform services regarding elections; and WHEREAS, pursuant to A.R.S. Title 9, Title 11 and Title 16, the Town of Oro Valley, Arizona is allowed to call for Elections; and WHEREAS, Pima County and the Town of Oro Valley have determined that the use of the services of the Division of Elections is in the public interest and that Pima County agrees to provide said services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the Intergovernmental Agreement between the Town of Oro Valley and Pima County for Election Services, attached hereto as Exhibit "A", is hereby approved. 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Intergovernmental Agreement. Matowyor AND ADOPTED bythe Ma or and Town Council of the Town of Oro Valley, Arizona this 21st day of March , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk Date: APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Date: 4 (111br \\Legal\sharefiles\Clerk\IGA'S\Resolution for IGA Election Services.doc 2 Town or Oro Valley Attorney's Office/ca/030907 `'0-1_EYilly/ O -s O O a e ,,,,, 0 41,u 4'0, f o .44 '`wyN x ,t- 4 jam: °UNCED ' Office of the Town Attorney Memo To: Kathi Cuvelier, Town Clerk From: Joseph Andrews, Chief Civil Deputy; Carol Acheson, Civil P Date: March 9, 2007 Re: IGA for Election Services Review of the IGA between the Town of Oro Valley and Pima County has been completed and is ready for Council. Also attached is the resolution for the same. Please call if you have any questions. JA/CA Attachments i 1 EXHIBIT "A" • INTERGOVERNMENTAL AGREEMENT 1111 1111/11, \\Legal\sharefiles\Clerk\IGA'S\Resolution for 1GA Election Services.doc 3 Town or Oro Valley Attorney's Office/ca/0309)7 INTERGOVERNMENTAL AGREEMENT For Election Services Among The Town of Oro Valley and Pima County This Intergovernmental Agreement(IGA)is by and among THE TOWN OF ORO VALLEY OF PIMA COUNTY,ARIZONA, a municipal subdivision of the State of Arizona ("the Town") and PIMA COUNTY,a political subdivision of the State of Arizona ("the County"),on behalf of the PIMA COUNTY DIVISION OF ELECTIONS" (the "Elections Division"). RECITALS A. The Town, pursuant to A.R.S. §9-231(A), is authorized to prepare for and conduct primary elections, general elections and special elections. B. A.R.S. § 16-205(C), 16-172, 11-251(3), 16-450, 16-409,and 16-405 et seq. authorize the County to perform election-related services for any political subdivision. C. The parties are authorized to enter into an intergovernmental agreement pursuant to A.R.S. §11- 952 et seq. D. The Town desires to utilize the election-related services provided by the Elections Division for all elections called by the Town during the term of this IGA. E. The Town and the County have determined that it is in the best interest of the public for the Town to use the services of the Elections Division in conducting elections called by the Tam Now, therefore, the parties agree, as follows: AGREEMENT 1. Purpose. The purpose of this IGA is to set forth the duties and responsibilities of the Elections Division and the Town with respect to any election to be held by the Town of Oro Valley during the term of this IGA. These elections will be held in accordance with the provisions of all pertinent election statutes. 2. Term. The term of this IGA shall be from January 1, 2007 through December 31, 2011 , provided that the term shall continue through final resolution of any legal challenge to the election. Any modifications or time extension of this IGA shall be by formal written amendment and executed by the parties. 3. Elections Division Services. The Elections Division shall: Agreement Between Pima County and The Town of Oro Valley A. Make available support services, ballots, voting equipment, vote tallying equipment, precinct supplies, and such other election materials as may be required for proper conduct of the election. B. Provide County personnel necessary to effectively administer the election as set forth in this IGA. C. Provide final camera-ready ballot formats to the Town, including Spanish language translations, no later than 55 days prior to each election. Upon written notice of a need for a change to the ballot format approved by the Town, the Elections Division shall,if possible, arrange for the corrections to be made by the vendor. The Elections Division will inform Town of the additional charges incurred. D. Provide a certified copy of the "Official Election Returns" the Town within ten (10) days after each election. E. Store and dispose of election material as required by law. F. Prepare and deliver an invoice to the Town for charges incurred by the Elections Division for each election. The invoice shall contain a detailed breakdown of all costs and be provided no later than forty-five (45) days after each election. 4. Town Obligations. Town shall: A. Provide written notice to the Elections Division that election-related services are required for a consolidated election. Unless otherwise mutually agreed, notice shall be provided at least 120 days prior to the election date. Notice shall detail the election- related services required. B. Make all submissions required under Section 5 of the Voting Rights Act to the Department of Justice and provide timely notice to County of any pre-clearances required under Section 5 of the Voting Rights Act. C. Make arrangements with the County for any necessary translations as required by Section 203 of the Voting Rights Act. D. Provide County Division of Elections with the final certified copy of any ballot issue for a Town election at least 90 days prior to the election, unless a different timeframe is otherwise mutually agreed upon. E. Review and approve the camera-ready ballot formats provided by the Elections Division no more than two (2) business days after receipt. Town must notify the Elections Division,in writing,of any required changes after the ballot format has been approved. Agreement Between Pima County and The Town of Oro Valley F. Be responsible for the preparation and distribution of publicity pamphlets,including,but not limited to, any requisite translation, printing, and mailing. G. Pay any and all charges for printing of ballot pages, sample ballots,ballot labels,or any other items by commercial means directly to the commercial vendor providing such services,unless alternate billing arrangements are agreed to by the County Director of Elections in writing. H. Be solely responsible for defending,legally or otherwise, any election contest which is challenged or questioned for any reason whatsoever. This duty shall survive the expiration of the IGA,provided that County shall cooperate with the Town in making relevant information and witnesses available upon reasonable request. I. Be responsible for the security of all ballots tabulated by officials and vendors other than County's agents or employees and ensure that any functions performed by Town or its outside vendors comply with applicable law and the procedures of the Secretary of State. J. Arrange for and publish any and all notices of each election as required by law. K. Prepare and timely submit any reports required under A.R.S. § 16-409(B). 5. Financing/Payment. A. Town will pay the Elections Division the costs of services and other costs incurred within thirty (30) days of the date of the invoice. Costs and fees due and owing will be those in effect at the time election services are provided as established by Pima County ordinance. A copy of the Ordinance No.2006-56 which sets forth the costs and fees in effect at the time this IGA is executed is attached hereto as Exhibit A. • B. Town will,within thirty (30) days of the date of the invoice,pay the Elections Division the actual costs for translation services and changes to ballots incurred by the Elections Division. C. Any amount invoiced by the County that is not paid after thirty(30) days from the date of the invoice shall accrue interest at the rate of ten percent(10%)per annum until paid. The Town expressly acknowledges and agrees that the payments required to be made hereunder constitute valid, binding obligations and authorized debt of the Town. 6. Indemnification. The Town shall indemnify, defend, and hold harmless, the County, their officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands or damages of any kind or nature arising out of this IGA which are attributed to any action or omission of the Town,its agents,employees,or Agreement Between Pima County and The Town of Oro Valley anyone acting under its direction,control or on its behalf,unless such actions are due solely to the negligence of the County. The Town's obligations pursuant to this section shall survive the termination, cancellation or expiration of this IGA. 7. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules, regulations,standards and Executive Orders,without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties,the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws,rules and regulations during the terms of this Agreement shall apply but do not require an amendment. 8. Non-Discrimination.The Town shall not discriminate against any County employee,client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant t0 this IGA. The Town shall comply with the provisions of Executive Order 75-5,as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. 9. Americans With Disabilities Act.The parties shall comply with all applicable provisions of the Americans with Disabilities Act(Public Law 101-336,42 U.S.C. 12101-12213)and all applicable Federal Regulations under the Act, including 28 CFR Parts 35 and 36. 10. Severability. If any provision of this IGA is held to be invalid or unenforceable,the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. 11. Conflict of Interest.This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. 12. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason the County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, the County shall not have any further obligation t0 the Town. 13. Legal Authority.No party warrants to any other party its legal authority to enter into this IGA. If a court,at the request of a third person, should declare that any party lacks authority to enter into this IGA, or any part of it,then the IGA, or parts of it affected by such order,shall be null and void,and no recovery may be had by any party against the other for lack of performance or otherwise. 14. Worker's Compensation.Each party shall comply with the notice of A.R.S.§23-1022(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and such party shall have the sole responsibility of the payment of Worker's Compensation benefits or other fringe benefits of said employees. Agreement Between Pima County and The Town of Oro Valley 15. No Joint Venture.This IGA is not intended to,and this IGA shall not be construed to,create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Town employees, or between the Town and any County employees. No party shall be liable for any debts,accounts,obligations nor other liabilities whatsoever of any other party, including (without limitation) any other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 16. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA, or affect the legal liability of any party to the IGA by imposing any standard of care different from the standard of care imposed by law. 17. Resolution of Conflicting Needs. In the event conflict arises between the and Town over the use of voting equipment,vote tallying equipment, or County elections personnel,County shall have priority, but shall make reasonable efforts to reconcile conflicts so that neither party will suffer as a consequence of conflict. 18. Notice. Any notice required pursuant to this IGA shall be given to: County Town Brad R. Nelson Kathy Cuvelier Elections Director Town Clerk 130 W. Congress St., 8th Floor 11000 N. La Canada Drive Tucson,AZ 85701 Oro Valley,AZ 85737 Phone: (520) 740-4260 Phone: (520) 229-4700 Fax: (520) 620-1414 Fax: (520) 297-0428 19. Termination. Either party may terminate this IGA at any time by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In the event of termination, any real or personal property belonging to either party and furnished pursuant to this IGA,shall be returned to the furnishing party. Any funds of Town paid to County in accordance with this IGA and not encumbered at the time of termination shall be refunded to Town. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agreement Between Pima County and The Town of Oro Valley 20. Entire IGA.This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. IN WITNESS WHEREOF, the parties hereby have executed this Agreement on this day of , 2007. PIMA COUNTY BOARD OF TOWN OF ORO VALLEY SUPERVISORS By: By: Mayor Chair ATTEST: ATTEST: __ By: By: Town Clerk Clerk of the Board of Supervisors APPROVED AS TO CONTEN : By:----- R,ck.c_ 1 ? -4.19-- ----- Brad R. Nelson, Pima County Director of Elections The foregoing Intergovernmental Agreement between The Town of Oro Valley and Pima County has been reviewed pursuant to A.R.S. § 11-952 by the undersigned,who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County Town of Oro Valley ., e.7, 19Leia' ) ty County Attorney Attorney for the Town of Oro Valley c o' 1-orl Agreement Between Pima County and The Town of Oro Valley RESOLUTION NO. 2007 - RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF ORO VALLEY FOR ELECTION SERVICES TO BE EFFECTIVE FROM JANUARY 1, 2007 THROUGH DECEMBER 31, 2011 PROVIDED THAT THE TERM SHALL CONTINUE THROUGH FINAL RESOLUTION OF ANY LEGAL CHALLENGE TO AN ELECTION COVERED BY THIS AGREEMENT. WHEREAS, Pima County is authorized,under Arizona Revised Statutes § 16-205(C), 16-409, 16-450, 11-251(3), 11-951 et seq., to perform election-related services for other jurisdictions; and WHEREAS,the Town of Oro Valley is allowed under Arizona Revised Statutes Tides 9,11 and 16, to call for Elections; and WHEREAS, the County and the Town of Oro Valley have determined that the use of the services of the Pima County Elections Division is in the public interest, and the County agrees to provide election-related services. NOW,THEREFORE, upon motion duly made, seconded and carried, be it resolved: That Pima County enter into the Intergovernmental Agreement between Pima County and the Town of Oro Valley for Election Services; and That the Chair of the Board of Supervisors be authorized and directed to sign said Intergovernmental Agreement. PASSED, ADOPTED AND APPROVED by the Pima County Board of Supervisors, this day of , 2007. PIMA COUNTY BOARD OF SUPERVISORS Chair, Board of Supervisors ATTEST: APPROVED AS TO FORM: Clerk of the Board De.•ty County Attorney EXHIBIT A DOCKET: 12876 RECORDED BY: SGP PAGE: 6909 .�' of PI�y DEPUTY RECORDER !�'' 1' NO. OF PAGES: 8 1456 AS2 i �'' l q t , SEQUENCE: 20061651203 P0230 � � 1�►�'�Z':'2f PIMA CO CLERK OF THE BOARD � �/I�/yI 08/25/2006 PICKUP �9RI2�/oT4� •+ ORDIN 17:30 PICKUP AMOUNT PAID $ 0.00 st_1!Xi0.t4.„-/ ORDINANCE NO. 2006- 56 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA ESTABLISHING FEES FOR ELECTION- RELATED SERVICES PROVIDED BY THE PIMA COUNTY DIVISION OF ELECTIONS WHEREAS, the Pima County Board of Supervisors is authorized, pursuant to A.R.S. §§ 11-251 .08, 16-205 and 16-503, to charge for election-related services provided by the Pima County Division of Elections; and, WHEREAS, the Pima County Board of Supervisors has determined that the charges are appropriate and necessary to cover the costs incurred by the Pima County Division of Elections in providing these services; and, WHEREAS, the Pima County Board of Supervisors has the authority under A.R.S. § 11-251 .05 to adopt all ordinances necessary or proper to carry out the functions of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA: SECTION 1 : It is the intent of this Ordinance to establish fees for election-related services provided by the Pima County Division of Elections k. in an amount sufficient to defray costs. SECTION 2: Fees charged by the Pima County Division of Elections shall be as follows: SEE ATTACHMENT SECTION 3: This Ordinance shall take effect thirty-one (31 ) days from the date of adoption. SECTION 4: If any provision of this Ordinance, or the application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications of this Ordinance, which can be given meaning without the invalid provision. PASSED AND ADOPTED THIS 21st day of August , 2006. PIMA COUNTY BOARD OF SUPERVISORS i P -01410 RicardEUas, Chair AUG 2 1 2006 ATTEST: APPROVED AS TO FORM: / • / / .4k ..itm_Ala,' _dee' 411F Lori Godoshian, Clerk of the Board Ka - S. Friar, Deputy County Attorney REVIEWED BY: -Y?5102 j-e/L°5- Brad R. Nelson, Director of Elections t.. LEVEL 1. FULL SERVICE ELECTION 1. Salaries/Benefits: Permanent Employees: Total hourly rate for all employees x the total number of hours = total cost. The total cost x 1.1011 = The Total Adjusted Cost. Total Adjusted Cost divided by the total number of registered voters for all jurisdictions = unit price. Unit price x total number of registered voters for each jurisdiction = total salaries and benefits per jurisdiction. Temporary Employees: Total hourly rate for all Temporary employees hired to work elections x total number of hours (regular & overtime @ time and one-half) = total cost. Total cost x 1.1011 = Total Adjusted Cost. Total Adjusted Cost divided by total number of registered voters for all jurisdictions = unit price. Unit price x total number of registered voters for each jurisdiction = total Temporary Employee cost. Overtime: Total number of overtime hours worked at time and one-half. Total cost of overtime divided by the total number of registered voters in all jurisdictions = unit price. Unit price x total number of registered voters in each jurisdiction = total cost per jurisdiction. Election Workers: Actual cost (includes Poll Workers, special training for Poll Workers if necessary, Audit Boards if necessary and Logic and Accuracy boards if necessary.) 2. Early Ballot & Provisional Ballot Processing expenses: This cost will be implemented for any election with a combined total of 50,000 or more registered voters. This cost will be implemented at the discretion of the Division of Elections. 1 — $65.00 minimum fee for 1 — 200 Early Ballots and Provisional Ballots 2 — Over 200 Early Ballots and Provisional Ballots —the cost is $.35 per ballot 3. Ballot Printing: Actual cost (includes early ballots and Election Day ballots). 4. Advertising: Actual cost if County submits the advertisement. 5. Professional Services: Postage: actual cost. Printing: actual cost. Sort, label & mail: actual cost. IMar. Translations: actual cost. N.I. 6. Computer: Total number of hours x $65.00 = total cost of counting ballots (this includes early ballots, Election Day ballot results and provisional ballots) . Total cost divided by the total number of ballots cast for all jurisdictions = unit price. Unit price x total number of ballots cast for each jurisdiction = total cost per jurisdiction. 7. Building Rental: Actual cost of polling place and class instruction facilities. 2006 schedule of prices for election services final 1 Schedule of Prices Full Service Election Page: 2 8. Precinct package preparation fee: $200.00 per box x total number of voting areas per jurisdiction. (Package includes supply box, Accu-vote and black ballot box.) 9. Other: Signs - $15.00 per sign (preparation). Polling Place Identification - $65.00 additional charge for modifications per sign. Voting Booth Rental - $6.50 per booth. Handicapped Booth - $8.00 per booth. Misc. charges — Other charge(s) incurred related to the conduct of the election. Charges may include cost of mileage, vehicle rental, photo copies, maps, cellular phone call charges, etc. 10. Replacement Costs: Actual cost 3 I ryIN'� tl ilii +:i.. 2006 schedule of prices for election services final 2 Schedule of Prices LEVEL 2. CONSOLIDATED ELECTIONS Any jurisdiction may choose to have its election combined with any county wide election. A fee of 55 cents per registered voter will apply. The fifty-five cent fee covers the following services: • Boardworker recruitment and training • Polling Place acquisition • Sample Ballot printing and postage • Translation services • Early and Provisional Ballot processing • All supplies • Supply delivery and pickup • Election night processing and tabulation If an election is held during a county wide primary election, the jurisdiction will pay actual cost of additional ballots needed. Any additional services requested by the jurisdiction are provided on actual cost basis. IIIN.. I1 puna, 4n• on. MM r� .Fsy 2006 schedule of prices for election services final 3 Schedule of Prices LEVEL 3. SPECIFIC SERVICES FOR SUPPORT OF AN ELECTION This option will allow jurisdictions to select only those supplies and services to be provided by the Division of Elections: Ballot layout & programming —per hour $65.00 Ballot printing Actual Cost Accu-Vote Unit* & Ballot Box— per voting area $350.00 Accu-Vote Unit*with no Ballot Box $250.00 Central Count Accu-Vote Unit* $250.00 Accu-feed $200.00 (each) Touchscreen $250.00 Secrecy booths $6.50 Handicapped secrecy booths $8.00 Ramps $65.00 Boardworker recruitment — per hour $25.00 Polling Place acquisition — per hour $30.00 Boardworker training — per class $500.00 Polling Place supplies — per voting area $75.00 Early Ballots/Provisional Ballots processing: 1 —200 $70.00 over 200 $ .35 per ballot Postage Actual Cost Supply Delivery and Pick up — per voting area $75.00 Translation Actual Cost Trouble shooters— hourly per person $25.00 Tabulation Actual Cost Recount Actual Cost Disposition of Ballots (Treasurer's Vault) 1 — 100,000 reg voters — $ 500.00 100,001 —200,000 reg voters — $ 750.00 200,001 —400,000 reg voters — $1000.00 Repair Costs—The Division of Elections will arrange for all repairs. The jurisdiction will be invoiced for the actual cost. The Jurisdiction will make no attempt to repair, replace or modify damages to any equipment. Replacement Costs —Actual Costs (Includes supplies such as keys, key rings, ARS Books, adapters, phone cords, power cords or any other supplies requested by the jurisdiction.) *Memory Cards are for Pima County use only. 2006 schedule of prices for election services final 4 Schedule of Prices LEVEL 4. NON-GOVERNMENTAL ELECTIONS A non-governmental organization may have assistance from the Division of Elections in conducting an election. A flat fee of$950 will apply. The Pima County Division of Elections may provide services for Student Body Elections at no charge. The $950 covers the following services: Ballot Layout: The organization must provide the Division of Elections with ballot language no later than 45 days prior to the election. If the ballot language is provided within 45 days, the Division of Elections will not do the ballot layout. The organization is responsible for printing ballots. The Division of Elections will provide a suggested printing company's name, telephone number and address at the request of the organization. Sample Ballot & Publicity Pamphlet: The jurisdiction is responsible for preparing and printing any sample ballot or publicity pamphlet. Boardworker Acquisition & Training: The Division of Elections will not recruit boardworkers, nor will they staff a polling place. The Division of Elections will train boardworkers, at the request of the organization. The Division of Elections will supply lists of boardworkers in the area at the request of the organization. The jurisdiction is responsible for acquiring a facility for boardworkers training. Ballot Tabulation: The Division of Elections will provide ballot tabulation during normal business hours at the Division of Elections Office. Tabulation must be completed by the close of business. Polling Place Facilities: The jurisdiction is responsible for acquiring the facility for voting on election day. This includes setup and cleanup of facility. Tr:, om.r ., ,nr,. ''l l Nr r:, 2006 schedule of prices for election services final 5 PRICE LIST MAPS — $8.00 per map printed at the Division of Elections Office $10.00 per map printed at the Division of Elections Office that requires shipping and handling. Maps printed by an outside printer will be sold at actual cost PHOTO COPIES — Photo copies are $.10 per page. If a document is two sided and copies are two sided, the cost is $.10 per side. RESEARCH FEES —A research fee will be assessed at the price of$25.00 per hour (one hour minimum) for any information more than two calendar years old. ELECTION RESULTS— Election results are available on CD only and are $10.00 per CD. r•i fi1 1y i IIK�• 2006 schedule of prices for election services final 6 TOWN OF ORO VALLEY —,OUNCIL COMMUNICATION MEETING DATE: April 4, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: Resolution No. (R)07-s 1 Authorizing and Approving a Database Access Agreement between the Arizona Department of Transportation (ADOT), Motor Vehicle Division (MVD), and the Town of Oro Valley for Allowing the Town Access to Motor Vehicle Records SUMMARY: As part of the Town's risk management program, Finance and Human Resource department staff have an ongoing need to access and review motor vehicle records of Town employees who regularly drive Town vehicles or have the potential to drive Town vehicles. This practice is recommended on an annual basis by our insurance provider, Southwest Risk Services, Inc. Recently, the Motor Vehicle Division at ADOT implemented a new process for accessing driver -icords. They are requesting that authorized entities that make more than 25 inquiries a year for iu river information access those records through the online web portal they have established rather than via manual requests mailed to the MVD. ADOT will soon be phasing out the manual system of requesting records. Presented for your approval is a resolution authorizing the Town Manager or his designee to execute the attached Database Access Agreement (`Exhibit A') that will allow Town of Oro Valley Finance and Human Resource staff to access motor vehicle records electronically. ATTACHMENTS: 1. Resolution No. (R) 07- 51 2. Exhibit A—Arizona Department of Transportation, Motor Vehicle Division, Database Access Agreement SUGGESTED MOTION: I move to adopt Resolution No. 07- 51 authorizing and approving a database access agreement between the Arizona Department of Transportation, Motor Vehicle Division, and the Town of Oro Valley for allowing the Town access to motor vehicle records. G:\STACEY\Council Communic\MVD Records Access 4-4-07.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 r2he'e.c.--/ ii74-Ite Stacey Lem s' Finance Dire9dtor itJI. / 44 A_ David L. Andrews Town Manager G:\STACEI'\Council Communic\MVD Records Access 4-4-07.doc RESOLUTION NO. (R) 07- 51 Nalior A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A DATABASE ACCESS AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, AND THE TOWN OF ORO VALLEY FOR ALLOWING THE TOWN ACCESS TO MOTOR VEHICLE DIVISION ACCESS TO MOTOR VEHICLE RECORDS WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to Arizona Revised Statutes (A.R.S.) § 11-952, the Town is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, in August 2006, the Arizona Department of Transportation, Motor Vehicle Division (MVD) and the State's Government Information and Technology Agency (GITA) implemented an Internet application to provide electronic access to the Motor Vehicle Record Request System (MVRRS); and Nor WHEREAS, the MVRRS gives governmental agencies the capability of requesting and receiving Driver and Vehicle records via a secure web-based browser; and WHEREAS, Electronic Data Services (EDS) initiated a request that governmental entities who currently request more than 25 inquiries use the MVRRS access for Driver and Vehicle records information as the manual system is being phased out; and WHEREAS, the Town has need of the MVRRS for obtaining Driver and Vehicle records for employment, use of Town vehicles and Town insurance purposes; and WHEREAS, it is in the best interest of the Town to enter into the Database Access Agreement, attached hereto as Exhibit "A", incorporated herein by this reference, with the Arizona Department of Transportation, Motor Vehicle Division. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Database Access Agreement between the Town of Oro Valley, Arizona and the Arizona Department of Transportation, Motor Vehicle Division is hereby approved. BE IT FURTHER RESOLVED that the Town Manager or his designee are hereby authorized to take such steps as are necessary to execute and implement the terms of the Database Access Agreement. \\Legal1sharcfiIcs\Finance\v1isc\MVD Access\Resolution.doc Town of Oro Valley Attorney's Office/ca/031307 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 21st day of March , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: \\Legal\sharefiles\Finance\Misc\MVD Access\Resolution.doc Town of Oro Valley Attorney's Office/ca/031307 EXHIBIT "A" \1Legal\sharefiles\Finance\Misc\MVD Access\Resolution.doc Town of Oro Valley Attorney's Offce/ca/031307 dfRiArizona K :. ,,1. RZ:. •iydriiJ,,, ,+ :!: Governo ,,.,;,-.1...,74-5..;,,a,:,t- • 4.1Q OpP(1•11, r s• y1 1' gi,f Award for4v �7KY,Lva' :okarA (Quality i1:::-. ',.:',',',.i.-..,.1.6.',Z:.,./1„„„',.• � f " M�. ::'�a , > uIRn .1:44.414144,:t :::: 4 � � 4 -Ai, ds: M;, ,,,„ d. 1:72,11411 .2-1,J.41; . : tW"nipy/ ✓.. t 2001 Awar't> _.:uvNZ4�W *akN ) )11114,-1-r.10,.,h,:::&41'''.4-,t.:: :::-•rJ� ,� ti ':� Recipient 4:::.$..q...',- AbOT .. ., x .. ... . : pli,ittxtii4-:747.-÷5iR-7a; .,:,,, %C.iifC•'.:��.!C:!4:A...•'Li,y�{�A,'<.w�.:�/>'�wZ �>' [-'���x�.:."'.?!+moi/Ri/' :.,,..--.1,--cig",..., ,,,,,,,,,07,:;,:n.,, ss•. DATABASE 3,„4,,,,,,,,,s. .,,_,,,,,:.,: ,,,..:. ,,,,,k4„,,,,,m, ,,,:: 3,,,..".----,.,_,:.,„,4 • .•,•,,,,,,,,,,,,,,,....,,t,,,,,,,, ,,, Y....•�•-t.:l•., uta'{va:L.'. ACCESS AGREEMENT . . .. . ‘. , . .. . . . . ... • . :.:. .. ...: . , .. ..: .,...-.• ....:::... ,_ . ..._., . . ,:. . .,... . .. .,.. •• ..,„ •. , i , - — :. : : . -. ... ., ... . : ,4,:if .�y ARIZONA DEPARTMENT OF__--,:-....,:.:.,:.,..;'::::',..:':;',• TRANSPORTATION MMOTOR VEHICLE DIVISION i � ,A4-,Aly e :A. 5. �:.... �iz,iear,spry .._. Iiitp4.000. i yy COMPETITIVE Gov ERNMENT PARTNERSHIPS '�" r..Kf pY�' .slwz�ro2sakf -74 : y:��,�,� :} _ MELECTRONIC DATA SERVICES Arizona Department of Transportation Motor Vehicle Division AtiCIT Electronic Data Services, 502M 1801 West Jefferson Street Phoenix, Arizona 85007 Phone: 602-712-7235 Janet Napolitano Stacey K.Stanton Governor Division Director Victor M. Mendez Director DATABASE ACCESS AGREEMENT—Government Non-AZ State The Department (as defined below) hereby requests authorization for connectivity to the records database(s) of the Arizona Department of Transportation, Motor Vehicle Division (MVD). The Department's specific access capabilities are set forth and further described in the attached Addendum, which shall be considered a part of this Agreement between the Department and MVD. The Department understands and agrees that it shall only access MVD's database(s) in accordance with the terms and conditions set forth herein. If at any time MVD believes the Department is using such access in an unauthorized or unlawful manner, MVD reserves the right, in its sole discretion, to immediately terminate this Agreement. Definitions "ADOT" means the Arizona Department of Transportation. "Arizona @ Your Service Web Portal" or "Portal" means the single entry point through which the Company may access MVD's database(s) under this Agreement. "Authorized users" mean those persons who are employed or contracted by the Department to perform the activities authorized hereunder. "Confidential information" means all information used by and proprietary to MVD which is not generally known by non-MVD personnel. This includes, but is not limited to, the following types of information (whether or not reduced to writing or designated as confidential): • Viewed or printed information resulting from or related to the access provided under this Agreement; • All computer software and accompanying documentation (i.e. operating systems, user's guide, etc.) provided by MVD, its agents, vendors or other contractors; • MVD's personnel, financial, marketing and other internal business information, including the manner and method of conducting business; • MVD's strategic, operations and other business plans, measurements and forecasts; and • Information regarding MVD's employees, electronic data access customers, vendors and other contractors. Non-AZ State Gov/V1 /March 2006 Page 1 of 9 MVD Dept "Connectivity" means to make and/or maintain a computer connection with MVD, through the Arizona Your Service Web Portal, for the purpose of performing the activities authorized under this Agreement. "Data Access Security Level" means the level of access privileges granted to the Department's authorized users to retrieve and/or modify MVD data based on based upon the Department's stated eligibility for such data, as provided in Sections II and III of the Agreement Addendum. "Department" means the government entity identified and referred to in Section I of the Agreement Addendum. "Encrypted"means the scrambling of computerized information in order to secure data by using special algorithms for transmission or other purposes. "MVD"means the Arizona Department of Transportation, Motor Vehicle Division. "Motor Vehicle Record Request System" or"MVRRS"means the system used by the Portal provider to facilitate the Department's electronic access to MVD record information through the Arizona Your Service Web Portal. "Personal information" means information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver's status. • "Portalp rovider"means the private entity to whom the State of Arizona has awarded a statewide contract to provide for the transmission of MVD's record information to its pre-approved electronic data access customers via the Portal's MVRRS. "Secure location" means an area designated specifically for the Department's authorized users to access MVD's database(s) pursuant to this Agreement and to which all unauthorized individuals shall be prohibited from accessing or viewing MVD data. The designated secure location does not necessarily need to be a segregated or separately enclosed area within the Department's place of business. However, reasonable measures must be undertaken at all times to ensure that the computers used to access MVD's database(s) are accessibly only to Department personnel with assigned user-IDs and passwords and are, therefore, shielded from the view of the public and/or any unauthorized individuals. Records Access The Department understands that its exclusive access to MVD records pursuant to this Agreement is through the Portal provider's MVRRS application. Upon execution of this Agreement between the Department and MVD, the Department's authorized users will be assigned user identifications (user IDs) and passwords based on the Department's approved data access security level to receive such records under federal and state law. Non-AZ State Gov/V1 /March 2006 Page 2 of 9 MVD Dept The Department will have three (3) access options under MVRRS, as described below: • Via a web browser over the Internet; • Via file ( q P Y) uest/re re 1 transfers using file transfer protocol (FTP) over a dedicated and secured line; or • Via sockets-based messaging over a dedicated and secured line. Location of Activities The PP may Departmentconduct authorized activities only at those locations which have been pre- p pre- approved by MVD. Any disapproval of location by MVD must be based on reasonable cause. Equipment The Department shall obtain computer equipment and software that is compatible with the information P systems and connectivity requirements of the Portal provider and MVD, and which will allow access only to the specific database(s) listed in the Addendum to this Agreement. Data Security The Department shall provide a secure location for all computer equipment used to access MVD's database(s). The Department shall provide access to MVD's database(s) only to Department personnel or contractors who are authorized users, and to no one else. If at any time MVD believes that an authorized user is utilizing such access in an unauthorized or unlawful manner, MVD reserves the right to immediately suspend or revoke that user's database access and/or to terminate the Department's authorization under this Agreement. The Department shall comply with all policies, procedures and directives regarding security and database access made available to the Department by MVD during the course of this Agreement, including any future amendments thereto. All subcontractors utilized to perform the activities authorized by this Agreement must abide by the same security and access requirements as the Department. Upon request by MVD, the Department must disclose any existing strategic alliances, partnerships, or subcontracting arrangements that the Department has which involve the processing and/or use of MVD data acquired pursuant to this Agreement. Both during the term of this Agreement and subsequent to any termination of this Agreement, the Department, its officers, agents, employees, contractors and representatives shall not, without the prior written approval of MVD, disclose, distribute, or utilize in any manner not expressly authorized under this Agreement, any confidential and/or personal information which is connected or otherwise associated with this Agreement. Non-AZ State Gov/V1 /March 2006 Page 3 of 9 n( / MVD Dept The Department shall maintain all hard copy information and electronic data related to this Agreement in a secure location at all times. Data Privacy The Department understands that both the manner in which MVD may release information from the records contained in its databases and the manner in which the Department may access and/or utilize such information are regulated by the Federal Driver's Privacy Protection Act (DPPA), 18 U.S.C. §§ 2721-2725, as well as Title 28, Chapter 2, Article 5 of the Arizona Revised Statutes. It is the responsibility of the Department, and any authorized user acting on the Department's behalf, to gain knowledge of all laws and applicable MVD policies and procedures which govern access to and use of MVD records, and to determine whether the Department is legally eligible to obtain such records from MVD. MVD is not an agent of the Department or its subcontractors, and is in no way responsible or liable for the decisions or interpretations made by the Department or its officers, agents, employees, contractors and representatives, unless the contrary is specifically stated in writing by the MVD Director. Anyone who knowingly obtains, uses or otherwise discloses personal information from an MVD record for a use not permitted under 18 U.S.C. § 2721, and anyone requesting the disclosure of personal information who misrepresents his/her identity or makes a false statement in connection thereto, with the intent to obtain such information in a manner not authorized by law, is subject to civil and/or criminal penalties. A violation of the DPPA or any other applicable federal or state law will cause the immediate termination of this Agreement. In reference to motor vehicle records access, the Department shall not utilize its connectivity to MVD's records database(s) under this Agreement for any purpose other than the purpose(s) specified in the Addendum to this Agreement. If the Department seeks access to or information from MVD's database(s) for a reason other than that specifically authorized by this Agreement, the Department must submit a completed hard copy of the Motor Vehicle Record Request form to the appropriate MVD Unit. BothP Agreement to this A eement acknowledge that the foregoing provisions pertaining to data security and privacy are not intended to conflict with or violate Arizona's Public Records Law, A.R.S. § 39-101 through § 39-161. Where such conflicts appear in the implementation of this Agreement by the Department, the Public Records Law will control. In the event that a request for the disclosure of confidential and/or personal information falling within the scope of this Agreement is made, the Department shall notify MVD in sufficient time to permit MVD to intervene as it may deem necessary for the protection of said information. Network Security The Department understands and agrees that any and all MVD information that it sends over external or public computer networks, such as the Internet, must be encrypted. Non-AZ State Gov/V1 /March 2006 Page 4 of 9 MVD Dept The Department further understands and agrees that all computers which are permanently or intermittentlyconnected to the Department's internal computer network(s) must employ a pre- a roved rule and/or privilege-based access control system that, in MVD's sole judgment will serve to PP P g identify and authenticate each user in a manner which adequately protects MVD data from unauthorized access, disclosure and/or dissemination. Personnel The Department shall notify MVD in writing within two business days of any change in its list of authorized users, including, but not limited to, any subtractions from this list which may occur as a result of the termination of an authorized user's employment, a job transfer, or any other change in status which establishes that the individual no longer requires access to MVD data. The res Department shall also and immediately to all MVD inquiries concerning its list of authorized P p users. Non-exclusivity Agreement shall notpreclude MVD from enteringinto the same or similar Agreement with other This Puor blicprivate entities, including those performing identical or similar functions as the Department. Notification The Department shall assign a contact person who possesses, at a minimum, the authority to communicate on behalf of and to answer for the Department with respect to this Agreement. The will signindividual user access agreements, receive and distribute user IDs within the contact person �' Department, and will maintain responsibility for record retention, problem resolution and notification of procedural changes. The Department shall provide MVD in writing a description of the contact person's scope of authority regarding department operations in general and the activities to be performed under this Agreement in particular. The Department shall advise MVD within two business days of any change in its designated contact person and provide a statement as to that person's scope of authority. All notices to or demands upon MVD shall be in writing and shall be delivered in person, by fax, by email, or by U.S. mail addressed as follows: Motor Vehicle Division Competitive Government Partnerships Electronic Data Services P.O. Box 2100, Mail Drop 502M Phoenix, AZ 85001 Fax: 602-712-3145 Email: eds@azdot.gov Non-AZ State Gov/V1 /March 2006 Page 5 of 9 MVD Dept All notices to or demands upon the Department by MVD will be addressed as specified in Section IV of the Agreement Addendum. Records The Department shall maintain a log or register of all MVD records it requests and all MVD records it obtains by virtue of the access provided herein. The Department shall retain this log or register either manuallyor electronically, along with all other books, papers, records, data, and accounting records y relating Agreement,this A eement, for a period of five (5) years; or such greater or lesser time as may be required by federal or state law, rule, or the ADOT Records Retention Schedule. It is further agreed that ownershipof all records relating to this Agreement resides exclusively with gr MVD. Audit and Inspection The agrees Department understands and a ees that all records described in the preceding section shall be subject to audit and inspection by authorized representatives of MVD or by any law enforcement p agency at all times during the term of this Agreement, and for a period of five (5) years thereafter. If MVD determines that an on-site audit or inspection of the Department outside of Arizona is necessary, shall payfor the auditors' travel expenses in an amount equal to the Arizona the Department . nt of Administration (ADOA) reimbursement rate for out-of-state travel a.s authorized by Departure A.R.S. Title 38, Chapter 4, Article 2 and Sections II-D-3 and II-D-6 of the Arizona Accounting Manual prepared by ADOA. MVD's sole discretion, the Department shall be required to retain a pre-approved independent At p professionalorganization to audit or assess the adequacy of the Department's information technology security procedures, includingthe methods and practices employed in the processing and use of MVD data. A written report of the results of each audit or assessment shall be provided to MVD within thirty p (30) daysDepartment of its completion. The De shall have an audit or assessment performed based on a frequency specified byMVD and shall not, without the express written approval of MVD, discontinue or modify this schedule. The Department shall also pay any and all costs associated with such security audits or assessments. If any securityand/or control deficiencies are identified as a result of an audit report, the Department understands and agrees that it must immediately take any and all corrective measures necessary to resolve those deficiencies. Within thirty (30) days of the issuance of the audit report, the Department shall alsoide MVD with a written corrective action plan which, in MVD's sole judgment, provide adequatelyDepartment the p describes the steps has taken (or will take) in order to fully resolve each and every deficiency identified in a security audit. Compliance Department shall comply with all of the terms set forth in this Agreement, together with all The p y applicable federal and state statutes, rules, and regulations. The Department shall also comply with all relevant policies, procedures and directives made available to the Department by MVD during the Non-AZ State Gov/Vl /March 2006 Page 6 of 9 12,P / MVD Dept course of this Agreement. All Department subcontractors are held to the same compliance standards, gr' P and anyfailure to comply on the part of the subcontractor will be deemed a failure on the part of the PY Department. Non-Compliance If the Department fails to comply as provided above, MVD reserves the right to take any remedial action that it deems necessary and appropriate, including the revocation of the department's account and termination of its Agreement in its entirety. In case of a violation of law, the Agreement shall be subject to immediate termination by MVD. Cancellation EitherPAY maycancel this Agreement for cause or convenience upon thirty (30) days prior written notice to the other . MVD reserves the right to cancel this Agreement at any time, without prior PAY notice, if it determines that the public interest so requires, and the exercise of such right shall be without penalty and without recourse against MVD by the Department or any of its subcontractors. This Agreement is also subject to cancellation by the Governor of Arizona pursuant to A.R.S. § 38- 511. Except as otherwise directed by MVD, upon receipt of a notice of cancellation or termination (and to the extent specified in such notice), the Department shall: 1. Immediately cease any and all activities previously authorized under this Agreement; 2. Place no further request for records pursuant to this Agreement; 3. Remit any outstanding monies owed to MVD and/or the Portal provider within forty-eight (48) hours; and 4. Ensure that its continued use of any records obtained prior to the effective date of cancellation or termination is restricted solely to the use(s) authorized by this Agreement. Duration This Agreement shall commence upon approval by the Motor Vehicle Division Director and execution by both parties, and shall thereafter continue in effect for a term of three (3) years, unless previously canceled or terminated as provided herein. Upon expiration of this three-year period, the parties may mutually agree to extend the term of the Agreement for another three (or fewer) years by entering into a "Joint Letter of Renewal." Applicable Law and Forum This agreement shall in all respects be governed by and construed in accordance with the laws of the State of Arizona, without regard to the conflict-of-laws provisions thereof. Any action, suit, claim or dispute arising under or related to this Agreement which the parties are unable to resolve informally shall be brought in the state or federal courts of Arizona. Non-AZ State Gov/V1 /March 2006 Page 7 of 9 MVD Dept Amendment and Modification of Agreement The Department shall accept any modification of the Agreement for reasonable cause, if set forth in writing and deemed necessary by MVD. Upon the amendment of any applicable law, rule or regulation, the Agreement shall automatically be modified to reflect such amendment. Any modification of the Agreement shall be incorporated herein and shall be subject to all other provisions of this Agreement. Non-Assignability Unless the Department obtains the express written consent of MVD, this Agreement is not assignable to any other entity, in whole or in part. Waiver/Severability The Department agrees that a waiver of any provision of this Agreement shall not act as a waiver of any other provision of this Agreement. If a provision of this Agreement is for any reason declared invalid, illegal, or unenforceable, that declaration shall not affect the remainder of the provisions of the Agreement. Liability Each party (as "indemnitor") agrees to indemnify, defend and hold harmless the other party (as "indemnitee") from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person(including death) or property damage,but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. Insurance Except as provided below, and without limiting any liabilities or any other obligation of the Department, the Department shall purchase and maintain (and cause any relevant subcontractors to purchase and maintain), in a Department or companies lawfully authorized to do business in the State of Arizona, and rated at least A VII in the current A.M. Best's, the minimum insurance coverage below: Commercial General Liability, with minimum limits of $1,000,000 per occurrence, and an unimpaired products and completed operations aggregate limit and general aggegate minimum limit of$2,000,000. Coverage shall be at least as broad as the Insurance Service Office, Inc. Form CG00010196, issued on an Occurrence basis, and endorsed to add the State of Arizona and Arizona Department of Transportation as an Additional Insured with reference to this contract. MVD reserves the right to request and receive certified copies of all policies and endorsements. Non-AZ State Gov/V1 /March 2006 Page 8 of 9 / MVD Dept Certificates of Insurance acceptable to MVD shall be issued and delivered prior to the commencement of the work defined in this contract, and shall identify this contract and include certified copies of endorsements naming the State of Arizona and Arizona Department of Transportation as Additional Insured for liability coverages. The certificates, insurance policies and endorsements required by this paragraph shall contain a provision that coverages afforded will not be suspended, voided, cancelled, reduced in coverage or in limits except after sixty (60) days prior written notice has been given to MVD. All coverages, conditions, limits and endorsements shall remain in full force and effect as required in this contract. Failure on the part of the Department to meet these requirements shall constitute a material breach of contract, upon which MVD may immediately terminate this Agreement. Costs for coverages broader than those required or for limits in excess of those required shall not be charged to the State of Arizona and Arizona Department of Transportation. If the Department is self-insured by its State, County or Municipality, then this section of the Agreement does not apply. Nevertheless, MVD reserves the right to request and receive evidence of self-insurance. Non-AZ State Gov/V1 /March 2006 Page 9 of 9 MVD Dept AGREEMENT ADDENDUM THIS ADDENDUM is made and entered into pursuant to Arizona Revised Statute (A.R.S.) §§ 28-401 et seq. and § 28-455, as part of the foregoing Database Access Agreement between the Arizona Department of Transportation, Motor Vehicle Division (hereinafter referred to as MVD) and the Town of Oro Valley (hereinafter referred to as the Department). RECITALS I. The Agreement provides authorization for connectivity to MVD's specified records database(s) by the following Department: Name of Department: Town of Oro Valley Doing Business As: Town of Oro Valley Business Address: 11,000 North La Canada Drive; Oro Valley, AZ 85737 Mailing Address: 11,000 North La Canada Drive; Oro Valley, AZ 85737 Telephone Number: 520-229-4700 - II. In accordance with the Federal Driver's Privacy Protection Act (DPPA), 18 U.S.C. §§ 2721 — 2725 and A.R.S. Title 28, Chapter 2, Article 5, the Department requests authorization to access MVD's driver license, database solely for the purpose of carrying out the Department's official functions as a governmental entity. III. In reliance on Recital II, MVD grants the Department authorization to access its driver license, database via MVRRS, and to thereby retrieve non-restricted records information contained in such databases according to the terms and conditions stated in this Agreement between the parties. IV. Per this Agreement Addendum, the Department shall have authority to access the above- referenced database(s) by utilizing the approved segment access, which is attached. V. Per this Agreement Addendum and Batch Specifications Attachment, the Department shall have authority to submit the following batch accounts: N/A VI. All notices to or demands upon the Department by MVD shall be in writing and shall be delivered in person, by fax, by email, or by U.S. mail addressed as follows: Business Contact Person: Danielle Tanner 11,000 North La Canada Drive Oro Valley, AZ 85737 Fax: 520-297-0428 VII. This Addendum supersedes the Addendum signed on N/A . Town of Oro Valley/NAZ-V2/02/06/2007 Page 1 of 2 MVD Dept The foregoing Agreement and Addendum are mutually agreed to: Motor Vehicle Division Town of Oro Valley Signature Signature Brenda Oddy Stacey Shannon Lemos Name Printed Name Printed Program Manager Finance Director Title Title Date Date Town of Oro Valley/NAZ-V2/02/06/2007 Page 2 of 2 MVD Dept Certification On behalf of the Department identified below, I hereby request approval of this Agreement. I certify that all of the information set forth herein by the Department is true and accurate, and that any records or information obtained from MVD's database(s) pursuant to this Agreement will be used solely for the purpose(s) specified in the Addendum to this Agreement, and for no other purposes. I further certify that I have the authority to execute this Agreement on behalf of the Department. I understand that the Department must abide by the provisions of this Agreement if approved by the MVD Director and executed by both parties. Town of Oro Valley Signature Stacey Shannon Lemos Name Printed Finance Director Title Date For MVD USE ONLY Received this date . Signed Town of Oro Valley/AZ-V 1 /March 2006 Page 1 of 2 MVD Dept AUTHORIZATION On behalf of the Arizona Department of Transportation, Motor Vehicle Division, the authorization requested by Town of Oro Valley pursuant to this Agreement (including the attached Addendum) is hereby approved. DATED THIS DAY OF , 20 . MOTOR VEHICLE DIVISION Stacey K. Stanton Director, Motor Vehicle Division Arizona Department of Transportation Town of Oro Valley/AZ-V 1 /March 2006 Page 2 of 2 It/ MVD Dept QDSEE Segment Access Attachment Name of Agency: Town of Oro Valley Per the Agency's Data Request Form, MVD grants access to the following QDSEE segments: DM00: Base Segment Base Segment Segment Description Access Granted DM00 Base Segment Yes DM01 Previous License Segment DM02 Violation Segment Yes DM03 Comment Segment DM04 Warrant Segment DM05 Driver Improvement Segment Yes DM06 Traffic Survival School Segment DM07 Financial Responsibility/Mandatory Insurance Segment DM08 Financial Responsibility/Proof Segment DM09 Mailing Address Segment DM10 Traffic Complaint Suspension Segment Yes DM11 Permit/Identification License Segment DM12 CDLIS Out of State Accident Violation Segment DM 13 Cross Reference and AKA Names Segment DM14 Nonresident Violator Compact Segment DM15 Dishonored Check Segment DM24 Customer Characteristics Segment Town of Oro Valley/ADD-02/06/07 /R.1 K.;/ MVD Dept Agreed to and Acknowledged by: Agreed to and Acknowledged by: Motor Vehicle Division Town of Oro Valley Electronic Data Services By: By: Name:Brenda Oddy Name: Stacey S. Lemos Title: Program Manager Title: Finance Director Date: Date: Town of Oro Valley/ADD-02/06/07/R.1 '2-C/ MVD Dept e t TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: April 4, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Matt Michels, Senior Planner SUBJECT: Public Hearing: Resolution No. (R) 07 - 52 , OV8-07-01, The Planning Center, representing, Tucson Electric Power (TEP), requests approval of a conditional use permit to allow for the replacement of existing power poles and electric utility wires, located along the west side of La Cholla Boulevard between Lambert Lane and Owl Head Place, and for a pole replacement on Lucero Road, east of La Cholla Boulevard. EXECUTIVE SUMMARY OF APPLICATION: The applicant's proposal involves request of a CUP to allow for the replacement of existing power poles and electric utility wires. According to the applicant: The existing wood poles support a 46 kV subtransmission circuit (3 wires) with a 13.8 kV underbuilt distribution circuit (3 wires) with new steel poles with the same voltage circuits. Each replacement pole would be no taller than the current poles and be installed within 5 five feet of the existing pole. The 46 kV circuit wires will remain the same size at 477 ACSR (0.858 inches in diameter). However, the 13.8 kV distribution Wire Replacement will change from 1/0 ACSR to 477 ACSR which increases the wire diameter from 0.398 to 0.858 inches. The Wire Replacement allows for more electric load for local service and the pole replacement accommodates the larger wire size. The La Cholla Project on Lucero Road east of La Cholla consists of replacing two existing 13.8 kV distribution poles near the Overton Substation with one pole to be located in between the two existing poles to be removed. The metal poles will be painted a wood tone to have the same appearance as the current poles. Planning and Zoning Commission Recommendation: The primary issues addressed by the Commission were the need for the improvements, traffic safety, the timing of future undergrounding, and cost sharing. Staff had recommended a condition that TEP pay"fair share" of undergrounding cost when La Cholla Boulevard is widened. The Commission discussed the proposed condition and decided that the balance of funding is best determined by the Town Council. Please see attached draft minutes for details. The Planning and Zoning Commission recommended approval without conditions. The motion passed by a 6-1 vote. BACKGROUND: Reason for the CUP Request: According to the applicant, the pole and wire replacement is needed to help alleviate an existing system overload in the area. The replacement is needed because overloaded circuits: F:\O V\O V 8\2007\8-07-01\reports\TC.RPT.O V 8-07-01.d oc TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV8-07-01 Page 1. Affect system reliability for current customers; 2. Limit TEP's ability to add new customers, and; 3. Overloads shorten the life span of TEP equipment, leading to premature failure and increasing overall customer costs. While the immediate plan is to replace the poles and wires with above-ground poles and wires in the same locations, staff recommends that approval of the proposal be conditioned on the future undergrounding of the power lines concurrent with the widening of La Cholla Boulevard. Currently there is no date set for this project, although it is a project on the Regional Transportation Authority plan and La Cholla Boulevard is anticipated to be widened to four(4) lanes. The current proposal will be paid for entirely by TEP with no cost incurred by the Town. Any future undergrounding of the facilities will require an agreement between the Town and TEP regarding the funding of the undergrounding. Staff has been directed by the Town Council to bring back to the Town Council for consideration a franchise agreement with TEP, whereby TEP would collect additional fees from Oro Valley customers that the Town can dedicate to undergrounding lines within the Town limits. Surrounding Land Uses: The area is characterized by larger-lot (one-half acre plus) single-family residential development and undeveloped land. Chaparral Heights (1-73) and Tecolote De Oro (1-14) are located to the west of La Cholla Boulevard. There is a vacant C-2 zoned parcel on the northeast corner of La Cholla Boulevard and Lambe ,m)Lane. ANALYSIS OF SECTION 22.5, OVZCR, USE PERMITS AND SECTION 25.1.N, REQUIREMENTS FOR SPECIFIC USES, NEW UTILITY POLES AND WIRES: Section 22.5 As provided in Chapter 22.5, Use Permits of the OVZCR, Conditional Use Permits may be granted based on consideration of the following criteria: A. That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: 1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; There will be no damage or nuisance from the proposed pole and wire replacements. 2. Hazard to persons and property from possible explosion, contamination,fire or flood; The project poses no hazard to persons or property in excess of that which may already exist with existing electric utility facilities. 3. Hazard occasioned by unusual volume or character of traffic. The project will have no impacts on the volume or character of traffic. F:\oV\ov8\2007\8-07-01\reports\TC.RPT.OV8-07-01.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV8-07-01 Page 3 B. That the characteristics of the use proposed in such use permit are reasonably compatible with types of uses permitted in the surrounding area. The proposed power poles and transmission lines will have the same visual impacts of the existing poles and lines. In summary, the proposal will result in no discernable change from the existing conditions. Section 25.1.N In addition to the standards of Section 22.5, Conditional Use Permits for new utility poles and wires may be granted based on consideration of the following criteria: 2. b. In addition, the primary consideration shall be aesthetics with the following factors also considered: i. The location and height of such poles and wire and the relation to the present or potential roads; The location and height of the poles and wires will be within five (5) feet of the existing poles and wires and will have the same appearance as those they are replacing. ii. The crossing of such lines over much traveled highways and streets; The power lines to be replaced will not cross any highways or streets. iii. Proximity of such lines to schools, churches and other places where people may congregate; The power lines will not be in any closer proximity to schools, churches, or other places where people may congregate than they are currently. iv. Fire or other accidental hazards from the presence of such poles and wires and the effect, if any, of the same upon the effectiveness of fire fighting equipment, The poles and wires will not create additional fire hazard. The Golder Ranch Fire Department requires that there be 13'-6"of clearance under the poles in order to move equipment underneath them in case of emergency. v. The availability of a suitable right-of-way for the installation; The poles and wires being replaced are in the public right-of-way. vi. Future conditions which may be reasonably anticipated in the area in view of a kkise normal course of development; According to a letter from TEP (attached), TEP understands that if its facilities are installed in a public road without benefit of a prior easement right, that those facilities F:\O V\O V8\2007\8-07-01\reports\TC.RPT.O V 8-07-01.doc ___. r TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV8-07-01 Page 4 .0140 may have to relocated at company expense. The company's facilities exist in La Cholla under a previous franchise agreement with Pima County and are subject to relocation at company expense. In addition, Staff supports the undergrounding of the lines at the time of La Cholla Boulevard widening. vii. The type of terrain; The terrain is gently rolling, sloping generally to the south. There are no obstacles presented by the terrain that would affect the proposed replacement poles and lines. viii. The practicality and feasibility of underground installation of such poles and wires with due regard for the comparative costs between underground and overground installations (provided, however, that a mere showing that an underground installation shall cost more than an overground installation shall not, in itself, necessarily require issuance of a permit). The Town desires that the lines be undergrounded when La Cholla Blvd. is widened. Staff is not aware of any technical issues related to the practicality or feasibility of underground installation that would preclude such installation. The only known issue is the differential cost (the additional cost of undergrounding vs. above-ground placement) of undergrounding the lines. lig) Because all of TEP's customers are on the same rate structure, which has bee approved by the Arizona Corporation Commission (ACC), TEP does not use othe ratepayers money from other areas to fund the additional cost of undergrounding of lines in Oro Valley. As previously mentioned, staff has been directed by the Town Council to bring back to the Town Council for consideration a franchise agreement with TEP, whereby TEP would collect additional fees from Oro Valley customers that the Town can dedicate to undergrounding lines within the Town limits. GENERAL PLAN CONFORMANCE: General Plan Policy 11.3.2 encourages the Town to work with utility providers to place utilities underground; and discourage visually intrusive structures. Staff's intent is that the poles will be undergrounded concurrent with the widening of La Cholla Boulevard. Currently there is no date set for this project, although it is a project on the Regional Transportation Authority plan and La Cholla Boulevard is anticipated to be widened to four(4) lanes. It must be noted, however, that the intent of General Plan Policy 11.3.2 is to "clean up"poles as they are replaced by undergrounding them. PUBLIC NOTIFICATION AND COMMENT: All property owners within 600 feet of the poles and lines have been notified of the public hearing in accordance with the Town notification requirements. No public comments have been received to date. 441111) F:\OV\OV8\2007\8-07-01\reports\TC.RPT.OV8-07-01.doc . TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV8-07-01 Page 5 SUMMARY OF FACTORS: Factors For 1. Meets all the OVZCR criteria for Use Permits. 2. The Planning &Zoning Commission recommended approval. Factors Against 1. General Plan Policy 11.3.2 encourages the Town to work with utility providers to place utilities underground; and discourage visually intrusive structures. The replacement poles and wires will be placed above ground for now. SUGGESTED MOTIONS: I move to [approve, approve with conditions, OR deny] Resolution No. (R) 07 - 52 , OV8-07-01, Conditional Use Permit to allow for the replacement of existing power poles and electric utility wires, located along the west side of La Cholla Boulevard between Lambert Lane and Owl Head Place, and for a pole replacement on Lucero Road, east of La Cholla Boulevard. Attachments: 1. Resolution (R) 7- 52 trtior 2. Conditional Use Permit Application 3. Draft P&Z Commission Minutes Cc: Shirley Gay, OV Planning and Zoning Tim Johnson, The Planning Center, Fax: 622-1950 / g_.....,,....._ Laura Jane Pinnas, TEP, Fax: 917-8700 Bayer Vella for Sa . More, panning an oning Director A'''- Craigi; Le--f, /i' Civ ier, Town Engineer 9fAt, --jfraa hi, e Watson, Assistant Town Manager , t.;..„4/1...,, David Andrews, Town Manager kior F:\OV\OV8\2007\8-07-01\reports\TC.RPT.OV8-07-01.doc RESOLUTION NO. (R) 07 - 5 2 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE REPLACEMENT OF EXISTING POWER POLES AND ELECTRIC UTILITY WIRES, LOCATED ALONG THE WEST SIDE OF LA CHOLLA BOULEVARD BETWEEN LAMBERT LANE AND OWL HEAD PLACE, AND FOR A POLE REPLACEMENT ON LUCERO ROAD, EAST OF LA CHOLLA BOULEVARD. WHEREAS, The Planning Center, representing Tucson Electric Power, requests approval of a conditional use permit to allow for the replacement of existing power poles and electric utility wires, located along the west side of La Cholla Boulevard between Lambert Lane and Owl Head Place, and for a pole replacement on Lucero Road, east of La Cholla Boulevard; and WHEREAS, the Planning and Zoning Commission reviewed said conditional use permit request at a duly noticed Public Hearing on March 6th, 2007 in accordance with State Statutes, and having made its recommendation of approval by a 6:1 vote to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the conditional use permit request and the Planning and Zoning Commission's recommendation at a Public Hearing and finds that it is in the interest of the community; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: Nod SECTION 1. That the conditional use permit to allow for the replacement of existing power poles and electric utility wires, located along the west side of La Cholla Boulevard between Lambert Lane and Owl Head Place, and for a pole replacement on Lucero Road, east of La Cholla Boulevard, be granted per Section 9-471 (L) of the Arizona Revised Statutes and that all applicable standards in the OVZCR shall apply thereto said property; SECTION 2. That this resolution and the various parts thereof are hereby declared to be revocable. If any section, sub-section, sentence, clause, word or phrase of this resolution is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 4th day of April, 2007. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM '1411) Melinda Garrahan, Town Attorney Planning & Zoning Page 1 of 8 -�- AGENDA PLANNING AND ZONING COMMISSION REGULAR SESSION March 6, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM 1. Call to Order at 6:00 p.m. 2. Roll Call 3. Call to the Audience (Non Agenda Items Only) Opened and closed with no speakers. 4. Approval of minutes for December 5, 2006. Commissioner Adler MOVED to approve the December 5, 2006, minutes as written. Commissioner Bergman seconded the motion. Motion carried 7 yes, 0 no. 5. Approval of minutes for February 6, 2007. Commissioner Adler MOVED to approve the February 6, 2007, minutes as written. Commissioner Paolino seconded the motion. Motion carried 7 yes, 0 no. 6. Public Hearing: OV8-07-01, The Planning Center, representing, Tucson Electric Power (TEP), requests approval of a conditional use permit to allow for the replacement of existing power poles and electric utility wires, located along the west side of La Cholla Boulevard between Lambert Lane and Owl Head Place, and for a pole replacement on Lucero Road, east of La Cholla Boulevard. Applicant: Lawrence Lucero, 1 S. Church. Tucson Electric Power Manager of Government Affairs gave a Powerpoint presentation prepared by the Planning Center. Ms. More clarified that in the staff memo to the Commission staff mentioned a possible franchise agreement with Tucson Electric Power (TEP). TEP, Staff and Town Council had a Study Session, and she believes Town Council has asked staff to look into it further but has not adopted a franchise agreement. Mr. Lucero said that OV Circuits #7 (Overton and La Cholla)and #24 (Rancho Vistoso) are currently overloaded. The Circuit#7 would be corrected by taking out the wooden poles and replacing with 9 metal poles and better wiring. This would take the extra burden off of Circuit#24 and enable TEP to provide better service. This would give the ability to switch circuits if needed and would make the system much more reliable. http://orovalley.granicus.com/MinutesViewec.php?clip_id=47 03/14/2007 Planning & Zoning Page 2 of 8 Don McAdams, TEP Engineer, said during construction TEP has the ability to de- energize the line and spread line out to put up the new pole. There shouldn't be any outages, if any, perhaps an hour. Mr. Lucero replied to questions from the Commissioners: -The lines being installed are sufficient to take care of load as built out. -The steel poles sustains more load than two wooden poles. - Road widening is about 5 years out, at which time undergrounding will be addressed. -9 poles in the middle are being replaced. The two on the ends are not. - Undergrounding isn't possible at this time. - Steel poles don't suffer damage as wooden poles do. - Poles are currently at a safe distance in the ROW. - Going underground was not factored into this proposal. -When rates are discussed with the Commission, they don't contemplate differential rates in their franchise territory. -There will be other opportunities for partnering for undergounding lines in a couple of years. - Regardless of juridistion, it is important for all customers to have high reliability. Mr. McAdams said based upon low densities expected from the Oro Valley General Plan, this project (Circuit#7) will allow double capacity on the circuit and we should be able to accommodate all future customers. Rancho Vistoso #24 still has room to grow. Ms. More stated that Public Works advised that the intersection improvement at La Cholla and Lambert is a spot improvement. Roadway widening is not planned at this time. Bayer Vella gave the staff report focusing on practicality and feasibility. Exhibit A provides that lines will be undergrounded and is a joint venture between Town and TEP. Deciding who pays for what is best settled when the exact road improvements and the location of lines is known. This is the Council's responsibility. Mr. Vella said fair share definition has to be established by Town Council. Vice Chair McKee asked by putting this condition on, aren't you overwriting our code. Code calls for (in this case) TEP to pay the full cost of undergrounding, not a partial cost. So either the code gets changed or you leave that out and we fight the undergrounding, who pays what at a later time if we don't do it now. Mr. Vella said the Zoning Code provides how do the costs enter into deliberations by the Commission and TC. There isn't a specification that TEP shall bear all cost. It provides specifically that comparative costs are not the primary decision making element for the Commission and Council but are a considerable part of that discussion. See Section 22.5.N.8. Vice Chair McKee felt the code implies that it is the utility company that will bear those costs. Mr. Vella said Section 8 is the parameters for deliberation on how to factor in costs in making the determination. Avow http://orovalley.granicus.com/MinutesViewer.php?clip_id=47 03/14/2007 Planning & Zoning Page 3 of 8 Attorney Andrews stated that historically that section of code has been interpretated such that TEP would come in and tell us how much it would cost if they were to put their lines on new poles, separate poles or another pole. At the widening into a new easement, they would pay costs of relocation. When it came to the cost analysis, if the Town desired to underground the lines, they would pay the differential cost. Mr. Vella stated that staff has been in consultation with TEP and presented that condition to them, and they accepted the condition as worded. Mr. Vella did not know if the numbers in TEP's table of estimated were valid, and won't have a good sense of those numbers until the ultimate ROW is designed. Commissioner Adler said safety is always a factor in a CUP. He is concerned with poles being an obstacle in a public ROW. Poles should be buffered or protected in some way so both the driver and pole are protected. Mr. Vella said that in the location positioning of poles, the Town does partake in the review of issuance of a Right of Way permit to make sure there is adequate clear zone. Mr. Vella said it is within the Commission's pervue to add a condition regarding this. PH opened and closed at 7:00. There were no speakers. MOTION: Commissioner Pivirotto MOVED to recommend approval of OV8-07- 01, Conditional Use Permit for the replacement of existing power poles and electric utility wires, located along the west side of La Cholla Boulevard between Lambert Lane and Owl Head Place, and for a pole replacement on Lucero Road, east of La Cholla Boulevard. Commissioner Bergman seconded the motion. AMENDMENT TO MOTION: Commissioner Paolino MOVED to amend the motion to include the condition that TEP shall pay "fair share", as determined by Town Council, of undergrounding when La Cholla Boulevard is widened. Commissioner Adler seconded the amendment to the motion. Motion failed with 3 yes, 4 no. Commissioners Bistany, Bergman, McKee and Pivirotto voting no. Commissioners Paolino, Reddin and Adler voting yes. The original motion carried 6 yes, 1 no. Commissioner Adler voting no. 7. Study Session, OV7-06-04, Town Staff requests amendments to the Oro Valley Zoning Code Revised to address zoning districts, requirements, and uses associated with religious assemblies and institutions Ms. More said this study session's purpose is for staff to interact with the Commission to gather ideas associated with this proposed code amendment. Mr. Vella gave the staff report. research many jurisdications. current state of churches in OV typical? Notified all churches to have stake holder meeting. Use. Standards proposed. Input from meeting. Many grandfathered churches from Pima Co. http://orovalley.granicus.conn/MinutesViewer.php?clip_id=47 03/14/2007 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 4, 2007 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: David Andrews, Town Manager SUBJ: Consideration and Possible Approval of Financial Support to the Arizona Chapter of Paralyzed Veterans of America SUMMARY: This item has been placed on the agenda by Council Member Terry Parish. It is a request for financial support in the amount of$6,000 to the Arizona Paralyzed Veteran Athletes. These funds will be used to sponsor a minimum of four athletes to attend the National Veterans Wheelchair Games to be held in Milwaukee, Wisconsin in June, 2007. Attached to this communication, please find a letter of request from Ms. Karen Gialle as well as photographs and other related information. ATTACHMENTS: 1. Letter of Request from Karen Gialle 2. Photographs and other related information RECOMMENDATION: Should the Council desire to fund this request, the funding will need to come from the General Fund Contingency. $10,000 was included in the Town Council's FY 2006/07 budget for funding requests from other agencies. However, that $10,000 was earmarked for Project Graduation. SUGGESTED MOTION: I move to approve this funding request from the Arizona Chapter of Paralyzed Veteran Athletes, in an amount of $6,000 to support the National Veterans Wheelchair Games. or I move to... L -♦ David Andrews, Town Manager . Oro Valley Town Council 11000 N La Canada Drive Oro Valley, Arizona 85737 Attn: David Andrews, Town Manager 3-5-07 Dear Oro Valley Town Council: The National Veterans Wheelchair Games is an annual sports competition for disabled veteran athletes. Each year more than 600 wheelchair competitors participate from most of the fifty states as well as teams from Great Britain and Puerto Rico. These veterans with spinal cord injuries, multiple sclerosis, amputations and other disabilities use sports as an important part of their rehabilitation program. It is extremely important for new injuries to attend the wheelchair games as they attempt to recover from their devastating injuries and get back into sports, life and their communities. It is equally important for older injuries to participate to stay fit, stay focused and enjoy the camaraderie of fellow veterans in a competitive supportive environment. Arizona has fielded a team of wheelchair athletes to the veterans' games for many years. Last summer the Arizona team consisted of 15 athletes from the Tucson area, 2 from Phoenix and 3 coaches. In total 35 medals were won, but more importantly friendships and memories were made while confidence and ability soared. Our goal this year is to send a total of 20 wheelchair athletes and 4 coaches to represent Arizona. Each wheelchair athlete is expected to raise funds for airfare, lodging and meals to attend the games. The average cost per athlete for the event is approximately $1500. To assist in reaching our goal we are requesting $6000 from the Oro Valley Town Council which would be used to help sponsor at a minimum 4 athletes to attend the National Veterans Wheelchair Games to be held in Milwaukee Wisconsin in June. We hope that you will consider assisting Arizona's brave and worthy veterans in their competitive endeavors. Your contribution will help make it possible for more Arizona wheelchair athletes to experience an exciting and rewarding 2007 National Veterans Wheelchair games. Thank you in advance. Arizona Paralyzed Veteran Athletes t.,) ; , 2-ea_ J a 4 P_. 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' 4 --..4.1t, 1 it ' • / , , --; '•...11,.,.• ....J.,.. ' .44. ..... , i• ( ( 4 - elj,''''',14.,,r1 ..,"at14.1; rfu,•:,--,..,--,.,,21.- u.,...'" ...,..L.IIIIL Page 2 of 2 Cc: Gialle, Karen L.; Perigo, Mandy; Walters, Mary R. Subject: w/c games Pepe, We are back from the 26th National Veterans w/c games and I want to give you the info on athletes , medals won etc. Please post and advertise this for us here at SAVAHCS. Can you get us an article in the local papers like last year or any other publicity? Let me know what else you need. Thanks Karen The 26th National Veterans w/c games were held July 3- July 8 ,2006 in Anchorage Alaska. We had a team of 17 wheelchair athletes representing Arizona at these games with 15 from Tucson/SAVAHCS and 2 from Phoenix. The Az team won a total of 35 medals including 19 gold , 5 silver and 11 bronze. The wheelchair athletes are all spinal cord injury and multiple sclerosis veterans followed by the SCI clinic here at SAVAHCS. Karen Gialle NP SCI, GRC and Mandy Perigo, Therapeutic Recreation Specialist, GRC were the coaches for the Az team. The athletes included 7 novices who were there for the first time participating and 10 returning team members. Novices: 1) Jeff Odom — Gold —table tennis, Gold-javelin, Gold-weight lifting, Bronze- air guns SAVAHCS 2) Pamela Foley- Gold-slalom(obstacle course), Gold- bowling, Gold- power chair 220 race,Bronze- weight lifting 3) Stephen Hymers- Gold- bowling, Silver- table tennis 4) Ricardo Munoz- Gold-archery, Bronze-weight lifting, Bronze- airguns 5) David Mackey- Bronze- slalom, Bronze- Power chair 220 • 6) Paul Cartter- Bronze-softball 7) Raymond Kolarik Returning: 1) Jack Grams- Gold- slalom, Gold-javelin, Bronze-discus SAVAHCS 2) Joh.n Lawrence- Gold- bowling . 3) Edward Hutchinson- Gold bowling, Gold- atch.ery 4) Joseph Chitty- Gold-weight lifting 5) James McCammon- Gold power soccer 6) Roy Joy- Silver- Power chair 220, Silver- power soccer 7) Jesus Rangel-Carpio- Silver-shot put 8) Steven O'Brien- Bronze-table tennis, Bronze- basketball, Bronze- softball Returning: Phoenix 1) Mark Peterson- Gold-slalom, Gold- bowling, Gold- power soccer, Silver- Power chair 220 2) John Tuzzolino- Gold weight lifting • • • 7/21/2006 • . . - - --- \ . , .„ ... „, . . , ,.„.. 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Blood flow to the spinal cord had been cut off during the pro- Mackey attended his first games in Anchorage, Alaska, in cedure, leaving Mackey paralyzed from the waist down. July,where he won bronze medals in the slalom and power chair "When this happened to me,it had a tremendous impact,"says 220 relay race. He was one of 17 Arizona wheelchair athletes to attend the six-day event. ... =tIL \„°t •� j!X -+-!iy/: �K;^'• w err�.-,•L.w.ttyy;, .r.��•'yk.�- «.: r• �;" ?3,: r { h. ?.1. '.Y. _ �.< }•4,_-~;aRiIi:F�•,I- ; •:.�X. ::;;. -t _'• �.;a. The games, put on by the U.S. Department ofVeterans ;.,: t,, '';',.?4.:,,-,..--44.,,,.. p, ei.f#, .r Decisions.mads long ,.? Affairs and the Paralyzed Veterans of America, are open toy it . . !" . �'!�- tt r J4V^,•��.?h i", u ..1..Phelp; �:� . ! r ,r ago.bro gti ce bi.4,-,,!,:4-...;;;;;.,-,-.„,.:',,,, ,,-_:,-: gar r � ~�' ]�t ''Y1? :t to David Macke" who ` U.S. veteran in a wheelchair. • ' ,Y' 'n �Y `(/''ry f , � ` r is rediscoving life's' i' For Mackey, the games were an opportunity to participate :`« • �;Vv ?•4 v y�adventures.frorm his' z1a meaningful event while connectingwith other vet ��� �� . 't.� ,• .,r ., in g e ra n s ,:4,7:4-4,3_01,:,. ,, ,., ; . 5 '�a:"="•ir.: 1. .,�wheeichair. f y ` ,..r ,t . ,� ,_" ' _. :1 t - J with disabilities. �' , , + '..'..,,r.,,.. , M._a•, ,,J- "When something like this happens to you, I think there's a -...:::it; k . .+ r•, • i��.e•a+1..�• "•.s ..:,-,;-:4,..,,..'i.;.1:„.,... v A�.'d'�y�f �! �.- ;:K <<�� •N !"�,al..J- �11� . � � Y:1'[+�7�r•�p�Y• t•L:•�'=K_�^y�• 'I. • � . �.., your- ,::t R ;�¢ K -�-�. � :7r , " ' ��� _ �' "'` tendency to go in your little shell and start feeling sorry for :;�.1?1�f �'7-y t`•+J�r�.w YL}Y-s•�.y.�•c,. jl']•.h �i•p }� 1..R1► t� 'y.gip.• � �j� „a, • .—..,......4..431-___ . -,.,: r..4,,} 4,.,?f.1 (� f�.'�.re trf� -a� ',F'.r •1 F �s,J a_'`.�t t.l i qtr , C , 4,tet " �..�,,;,�;?r..i ,k,.,j :.:i•t;, t t. 7h ..- „,' r:y'� self,"Mackeysays. `I knew that it would be rewardingif I cou l kick R: s�� ��;..•Ilel.tlr:,+:;; .: �•. ',•:•-.0.: M . .,►.-M.%_•-,.:-•—• ) Y d ki �..?►"r� ��.!�..y+.�y..zil�la� ,-Fywi}.1'•e tai /,}�r1�.�,"Il J'.• �'.�^,M} •4" �': �r -,7, -!•a r. w `' myself in the tail enough to get out there and do it." �+ /+: a:j 1f { M >t.'�iy �l �"+s•s -1• c M, -"i�• 1•,ru, �, '-. •-„ �• t t. ''�•til t t`. t I�;t !x'�y���j.11r�i��ti.'lL�.1,�r•, r �►.tr 4.:t L � .� .�.1,...•� f :y;,, ,.►w -tai ti,:^�:e-z`` ,;1.itt�rzt.;vA 1"�,-i�'i,• 1Y.^-j-,'-'�Z,i Y'4'+.i►.s��•}� a'.'.f', r4'q.''.,�•l i 1` • i:.•i+°• .. '�f,, ilt t. �'• ?r 1^d1Y "+ ,. ca w r�.Ti 1►1!�'.il.!`:'e..y �`:• j �. �; '- �•,F.`f a,. � ` r 'f=s .11 t4_',1.. `' ,z .."!-.1-0,,:4•-‘.1.-00.,77 \' Mackeystill finds himself getting emotional when he ..,,,,--.1;.,-, o�... .`•.'T• 1*,+y�a.',I.a?r.,,�t�.��Yy�C,�..rT 1'+- • •:s►,�.' f '�.r�`•�rTFs ,'\_•.. �' y..• � ,0:.,,'. talks ' � 'r=...,-,,Is,, •.'tax•t„Y, ,,,,, 1 " .w . 1 about his experiences at the games particularly about the time he :.. t Y i aYL,•.,,f 1...2 _.i•7R.Y 4.0.L,, ,4t,.a. a+ •'. 1 4�a.. �.r:}• r )'►r•• ••n-�",�7r;�0 r` tL4 y� • 4 �a. •- 1�' 1,,,•' , •.:.,„,-.,, _--t Z 7 ',4AVil` -i .7 - .i..:,----. ' � sent with several youngveterans injured in Iraqand Afghanistan. ,.<..-,;-. ;�;. ,;,�, :, ;�--:•.'...;i1--,),:::;-',..----'-:::::: ,-241},• ,.t ', ;� _ P J :--'7.:":1.i.-,i---''',,-.:,p'Y.4',41"*..;", ;, -.0,--.....02:_'= � ��.1 f` �; "~'.t ,-' "I've lived most of my life pain free, but when you sf - �;:.. meet ' ", 4 '' , �y•--- t'i'l : z,. ,.qtr • those u s, they're 20, 21 years old, and they're goingto be in :,,,,,,r.:,,,„0-r-.,,,,...---. .. z, _` g Y Y Y j¢�ah �'' .- rI im ti. t ..<<,• � ' - = , f* the chair for the rest of their lives," Mackey says. "Your heart ^ ,�•_��tl ''..6)':.,: r .:..-:. ti .�', • t - - goes out to them. My disability is nothing compared to what r 'ger ntt,' ':/r. -- jlr.r ,;' ° ,,-.i.',:::,-..f.7 ,:�.�_ .V`;.. .; . .,N;. --"--:,':1:..t.tirl,,��, s r � ' 1 t?w•,i- those kids have to go through. ri:,7)-1;*-7.i.,•.:: 74-,::- ,• ' �.k ',_ err,•,.„1.:" • :,•:f+r,'`',, {4- WPrior to his injury, worked for 25 years for the `...•J�� fi�•17i�i+. .�6•�.y � 3 .- ,•:T,� Ty...V�. 'd'M�Y'�',•".�c�-�AI;�_ �(.' . J J) Mackey .I city of Tucson and was the director of the contracting and procure- , ment department before retiring in 1995. He played golf about the 69-year-old Oro Valley resident. "It was life changing not only three times a week. for me, but for my wife. It wasn't in our plan." Now, Mackey is finding new hobbies and interests. Re also But three years later, Mackey has found a team of support- attends a weekly support group meeting with 11 other veterans in ers that dates back to his youth. When he was 18, he joined the wheelchairs. The group frequents movie theaters, bowling alleys U.S. Navy, serving through his 21st birthday. Little did he know and restaurants, in addition to planning fundraisers to help send that this brief period in the military would later play such an athletes to next year's games in Wisconsin. Mackey says he is excit- important role in his life. ed to return to the games and compete in new events next y€2ar. Much to Mackey's surprise, his few years of military service "(The games) are extremely important because they tend to made him eligible for care at Veterans Affairs medical facilities. keep the individual focused on life and goodness in life,"he says. ■ it �♦fF TEN" H1 uti hft jla: til:'+'. The Northern Pima County Chamber of Commerce will host its annual Havana Nights fundraising dinner and auc- ,...A •.• - :. .. tion Nov.3 at the Tucson Hilton El Conquistador Golf&Tennis Resort,10000 N.Oracle Road. r '. The chamber's largest annual fundraiser takes place between 6:30 and 10:30 p.m. and will feature dinner, •�+� A'! • .. • ►. ; dancing,entertainment and live and silent auctions.Tickets are$650 for a table of 10 or$70 per person. A� r � A portion of the proceeds goes to the Steve Engel scholarship fund with the rest supporting chamber programs. -_ � _ ';ala • _ •. E J��•�'•'•RL 1. You can reserve a table through Oct.20 by calling the chamber office at 297-2191. -: ,� •;. �.. 7;;:, --77 �1. ,.�.��.�..: .,;-�� up front ,,, l�Syea4�{��:ir$t" f 1 CUM 01 V e CI11.1ls J11-1KC U0iu 111 Aiasi,a Page 1 of-2 J•1 l>i:-;::-..1,::, ;.F a �' J ..� 5,- -"'Pe-":. �. • T r�. �•' �. �•.r .:�.._� ti'+^'"✓N t_• 4 �:u� �'y -�y}!'� ,1' , J `J / :yy y i � r \7 yf¢ iii J C• iT i 1 .��yy� he1:. S�� J - ��''.!'. yy�r � �. /.t'.� ` �-�,!!'-,A,n -'4;',7- :"v`+. ,. r n'tz7 '- '^�.:.�,�•,� y,�,�.�.r�j +Y C 6. ^`.'- ���9 ,r��w 4f,.. 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'. :yR aa'... `i.•>..a•,..<'{-•r.n•..>/»•;«h.ir_., ..'tL•}n l.. ,.YL..J:'1+•ti.N .-YJ .'rre:.W t,.=..•'••.r.T_.L. y.� r1' i`�� ���iR. •l�'F��i� t`\if.a+r•..-�L)hys,"f.�."..f"1ti r ti• \' ru' t ..r. ,"ir• , - � -,1 1 ! r r,'. ':: ' "k•'''''.1..1/4,,, Entertainment.Events.Movies.Shopping T•_d7. ♦•,r r<3'1.:�'�.'�-li.ti:`•y.•':,.�br!.�.43• .'4-f" ,+1•%•••. ~ Email Print °':a' i - A A Text Size ;' .:->:^'•�,••�''= ?/...1.5-.;.e p,,=,' -•..,.:.:- , ,. Team of Veterans Strike Gold in Alaska r , DAN ',- _ ,. July 21, 2006 09:51 PM MST MARRIES' , - ,:..,:::.-.,.....,,-.„,2,-.,...,.....,..: . ,-.WEEKENDS 30 WAS _:0,;...Ko . , ::., By J.D. Wallace, KOLD News 13 Reporterso. ..7-4::: S t. ' k- On Friday, a team of veterans were flipping !,.,:;�•�T*xr:+:' ,.-.S�,•r- a:,, ice-.' .p through pictures of memories that were only • / -WHQ'S. $E*R al°' t rw. ..ad ��' �. a few weeks old, but made thousands4 ., of ,;,_< >< Top .,,. ., ..- ti:� ��. ,„ miles awa t<•r,�v, oi.1 ':„, r.,:.,..,r'i��• Lf 1 `.,_ L.a. .•. �' ';V';.J'N: •'•� • nter "I won the gold in the slalom, bowling, y` t _•r' ,�t `,-, the �' .rY � , �• �y..� �f 220 power chair race, and I won the bronze - •' weightlifting,” �� yl, �� ' in g tlifting," said Pam Foley. v t ' • t-t-:::.. ,,,.- - ,e., - . . •s-J - She and sixteen other Arizona veterans won 35 medals in Anchorage, ':`: `-- . ..-.:i'. . . '"`°' Alaska, at the 26th National Veterans Wheelchair Games. The events .`., .- . e � . ranged from thejavelin, to archery, to bowling. ,,, ?-, - . For me, even though you compete against others, I just consider it a 1111: = -K, :::-.--4,,--,7-::-.--.--, r:reultio'f l_f .:11,,:',6,4,1,.i.;.:::,. fun event to go to," said John Lawrence, who won a gold in bowling this • :r { year, after competing nine times. i---- --1111-- Adult Learning Paul Cartter's first time at the games garnered him a bronze in softball. • Never Finished Your Bay • See If Distance Learnin' "Once you lose your legs, that's an entirely different reality that hits you • Browse Online Schools hard. Suddenly, you can do those things again," said Paul Cartter, who - won a bronze in softball, the first time he's competed in the games. "When they meet other athletes that have the same injuries they have, to see that look on their face, that's why I do it personally," said coach Karen Gialle, RNP. Some of the contenders made it clear that they'll be in more games to come, where everyone's in a wheelchair, but they don't take the http://www.kold.com/Global/stoiy.asp?5=5183777 7/22/2006 kti lf\L: tUIU III i\ iSi\u Pae 2 ul 2 competition sitting down. "I think it was a big learning experience, humbling because a lot of people were a lot worse off than I was," Foley said. That experience just made one more reason or them to get together for a group picture last Friday, for one last memory they can look at later. Their coach is examining the possibility of the national games ;be,ing held in Arizona for 2010 or 2011. Top Headlines More >> Extreme Weather Diverts Travelers, Sets Records A Goodbye Message From Kris Pickel Fugitive Escapes in Law Enforcement Vehicle Team of Veterans Strike Gold in Alaska State Error In Child Support System Causing Concern SPONSORED LINKS Lock Student Loan Rates •- 's • 1.25% discount rate. Low rates, fast processing. Apply today. highereducationloanproviders.com Upgrade Nation's Computer Upgrades Great prices on high quality PC upgrades. Many items ship for free. www.upgradenation.com Apply for a Discover Gas Credit Card ► Get more cashback bonus when you fill up! www.discovercard.com Refinance as Low as 2.9% - Fast Quotes Up to 4 free quotes - fast. Compare offers and choose the best rate! www.homeloantrust.com All content © Copyright 2000 - 2006 WorldNow and KOLD, a Raycom Media st 417 WorldNow For more information on this site, please read our Privacy u r vary Policy and Terms of http://www.kold.com/Global/story.asp?S=5183777 • 7/22/2006 • • e Cl: . (` ` . r 7C':'......!*::T -,O'c.d� t E p-4. Q)T3 TS C ride 23 O ,.:.0 T7 O J,•,.' -.. l0 :,•- Ci QI Oho., ey e+ O,= "a) - p•,..r.., g E a..,cc: 1:1 >.V, r., - • ...C.V.."' f 46 = .. 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[r •' •': ,. . •,„',1M:.11I":1sic4.'8''''*,-, t,.,•.4',.,.1,,i,-. , 11 A , t....,.., .... „., , 110 SOUTH CHURCH, SUITE 6320 TUCSON, ARIZONA 85701 520.623.6146 fax 520.622.1950 www.azplanningcenter corn THE a ,i PicLAionNN, ITN,CG,CHENTIER CV 61) La Cholla 13.8 kV Distribution Line Conditional Use Permit Submitted to: Town of Oro Valley Planning and Zoning 11000 North La Canada Drive Oro Valley, AZ 85737 Project applicant: Tucson Electric Power 4350 East Irvington Road Mail Stop DS315 P.O. Box 711 Tucson, Arizona 85702 Phone (520) 918-8254 Fax (520) 917-8700 Prepared by: The Planning Center 110 South Church Avenue Suite 6320 Tucson, Arizona 85701 Phone (520) 623-6146 Fax (520) 622-1950 or:* January 2007 Revised February 2007 Table of Contents I. WRITTEN NARRATIVE Introduction 1 Background 1 Project Description 2 Exhibit 1.1: Oro Valley Circuit Overloads ..2 Table 1.2: La Cholla Project Cost Estimate ..3 II. EXHIBITS Exhibit 11.1: Location Map 4 Exhibit 11.2: Existing Conditions Plan 5 Exhibit 11.3: Proposed Conditions Plan 6 Exhibit 11.4: 13.8 kV Conductor Wire Cross-Sections 7 Exhibit 11.5: La Cholla Boulevard Elevation 8 Exhibit 11.6: Photo of Existing Condition and Photo Simulation of Proposed Condition 9 Tucson Electric Power Conditional Use Permit La Cholla 13.8 kV Distribution Line i Written Narrative Introduction This Conditional Use Permit (CUP) application is for a Tucson Electric Power Co. (TEP) Electric Utility Wire and Pole Replacement Project on La Cholla Blvd between Lambert Lane and Owl Head Place and a Pole Replacement on Lucero Road East of La Cholla (La Cholla Project) to alleviate overloaded circuits in the area. Background: There are a number of overloaded circuits on the TEP electric utility distribution network in Oro Valley. TEP is concerned about this situation because overloaded circuits affect system reliability for current customers and limit TEP's ability to add new customers. In addition, overloads shorten the life span of TEP equipment, leading to premature failure and increasing overall customer costs. Currently, the Town of Oro Valley's Overhead Line Ordinance restricts necessary system improvements for upgrading conductors & poles of existing lines as well as new overhead facilities to serve growing load. This Ordinance also limits TEP's ability to maintain or restore overhead service during outages or periods of high usage. Since TEP's rates were not designed to cover the significant additional cost required to place facilities underground, there is deferred maintenance causing overloads that need immediate attention. The Electric Utility Wire and Pole Replacement Project on La Cholla Blvd between Lambert Lane and Owl Head Place and a Pole Replacement on Lucero Road will alleviate some of this overload problem once constructed. Tucson Electric Power Conditional Use Permit La Cholla 13.8 kV Distribution Line 1 Written Narrative : I Project Description: Exhibit 1.1: Oro Valley Circuit Overloads e N ' k „Ri.:,:::;:g-:-„,;.::::,-4::_::;,..,.::.,-,-;.:,,,-,:.::,.::,:3:2,:::::;::;:.. .•...• .. •. ,............„,•,.....• ( i , ! A ::,,,.:,,,;,„.,.„.:.:::„.„..;,:::.:7„..„.„,:,...,:::,:„.„.:,,..„,..„,„:„:::;:„.„:„...,„ .,,•,,:,„:„.„..„,,,,,,..„,:,,,..„...,„:„....,,:,:::.:„.„:„,,,,..:•,:.:„:„..;.„:„..,. mit 1 1 ,.•:•••! Written Narrative Below is a table that lists the estimated costs to TEP and Oro Valley for the La Cholla Project CUP application (assuming all overhead pole and wire replacements) and for two underground options. Table 1.2: La Cholla Project Cost Estimate La Cholla Project Estimated Total Cost Estimated Cost Estimated Cost to to TEP Town of Oro Valley La Cholla Project (this CUP $160,000 $160,000 $0 application) Cost if just the 13.8 kV line were to be $460,000 $160,000 $300,000 undergrounded Cost if both the 46 kV and 13.8 kV lines 1 0+ $160were to be $ 38000 ,000 $1,220,000+ undergrounded Moving forward, TEP would like to work closely with Oro Valley planners to ensure timely development of infrastructure needed to support system reliability, economic development and anticipated growth. TEP will make overhead improvements to meet growing system needs in Oro Valley at no cost to the town. In addition, TEP will pursue underground improvements if the town provides a funding source for the incremental costs. In the meantime TEP requests that Oro Valley approve this La Cholla Project CUP application to address the current load problems. Tucson Electric Power Conditional Use Permit La Cholla 13.8 kV Distribution Line 3 Exhibits Exhibit 11.1:Location Map ZA t A y; , ,, r r •:. 1 - Mat a,4 „m#1"' y ,: q �` � .�► r = `• t ,, f {; t • 61 ✓'ti/' '' 1.z1'.—1'-.,«. i' ^"'° �.y's,. .. A ri. �' .,iat .9 i -. ;•_Jr_ . Li,Ifi'7',.i', ::'Thi/, ,_ ii, 4 i.nt.,;".:4 ::-,.,/,•-4.,-;,,I gr 1 z--4.1::;:i::7>t:"41_4:441‘:,.ti ti' t 'lit °a s ., sz *•a. ♦ " , .. .w ARANJA DRIV ,Ii l �` id. ; ®' ' .=ter I , - 4 ,o'k$ia :j. . ,, A , ,,,, „„, _.4,._ ......,__.'•-....,,,,,,, •, - - ' ' ' *.� „$ y ,,�'3 r ie w-t ',j" 1' ' .:-_,--7/i.-4--.z% ,l"o 'Yq.m, 1. �'4 j' . 17* 'a4 ., ' ., is .; ,,*• ',' D""'S.• oy. fi. ,, I,yZ , .r • }t♦', ` _ 1441..4' 7.,-.&-ii,..,-.)..i.'46:,',1 4i,/,., 4-:,'''''•it* 7*''' ,:ir ,ilt lot* .rif t pc 7 iiii ri si .a ce 141 ` v' 's#41 - . wa '- ' 4' *.N ! i Ij„. " fit'``t Y ♦ ittp2L.; 6 1 ''Zf.Ir.Z ail''Pip, '.1, ii• t Vt. 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' tr.,--t""► O z Page 1 of 2 CA '\5e, x `` C Watson, Jerene From: Hartz, Mary Sent: Wednesday, April 04, 2007 2:21 PM To: Abbott, Paula; Carter, Kenneth; Dankwerth, Helen; Gillaspie,Barry; Loomis, Paul; Parish, Terry; Kunisch, Al Cc: Andrews, David; Watson, Jerene; Dornberg, Shirley Subject: Response to Mayor's Question This is in response to your question regarding Goal 1, Objective 3 of the Strategic Plan on pages 6 and 7, which is "Increase collection development budget by 10% annually." The second task under this Objective is "Establishing the baseline collection." Under the section titled "Resources," the library follows the American Library Association's (ALA) Public Library Association (PLA) standards. Based on fiscal 2005 statistics, a public library serving a population between 25,000 - 49,999 residents, the mean library holdings should be 4.08 per capita or 171,360 items in our collection. Currently, the library estimates its collection size to be 88,000 items, a shortfall of 83,360 items. Staff will establish the baseline for the next fiscal year after we know the results of the budget and IGA. Oro Valley's items per capita are currently 2.1, which is well below the lowest quartile of 2.5 per capita. The impact to our customers is extremely long waits for requested items or no availability of needed current items. In order to provide exceptional collection service that our community demands, staff estimates that increasing the collection budget by 10% will enable the library to cover the increased costs of collection materials and gradually bring up the items per capita. Based upon PLA standards for our population, our collection materials budget should be at $220,000. Currently, the collection materials budget is $198,000, a difference of $14,000. The IGA Task Force received this information at their February 6, 2007 meeting. The next task, "Request a 10% increase in the budget each fiscal year," is based on the results of the library's current collection size and budget, which is a starting point for baseline collection research. Research to date has indicated that an additional $60,000 over the next three years would be necessary to bring the collection up to national standards. Library staff performs an ongoing community needs analysis to determine our customers' needs through customer input and professional reviews. One benefit of responding specifically to the Oro Valley community is the library's ability to meet its citizens' needs without competing with the countywide system. The library's contribution through its affiliation will benefit the countywide system. On a final note regarding the overall strategic plan, library staff regularly updates tasks. We update this annually to reflect status of the tasks. The library sends the State Library an annual update of its strategic plan to meet grant proposal requirements. Mayor and Council will receive copies of the annual updates. Respectfully, Mary Hartz-Musgrave, MLS Oro Valley Public Library Library Administrator Town of Oro Valley 1305 W Naranjo Drive 4/4/2007 Page 2 of 2 Oro Valley, AZ 85737 520.229.5301 Fax: 520.229.5319 www.orovoUmvUb.com mhurtz@oroyuUmy.nof The more you read,the more you know; the more you know,the more you grow:the smarter you grow, the stronger your voice; when speaking your mind'or making your choice, (Reprinted with perm'ys.on from H/ghym.th Publications,2oo'2) 4/4/2007 p VINO' MI * cn 0 0 c, o cD < 3 _ v o Z 11 T c o m c 2. cD , .0 p m - cn a w o rn ., cn' �, c� O N II) QO Q (D w N CD O o A- < op N N = 2,, >. 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